Legal Opinion

State v. Jim

Washington Supreme Court

Decided February 9, 2012No. 84716-9PublishedCited by 13 opinions

1Opinion of the CourtOwens, J.

¶1 Lester Ray Jim, an enrolled member of the Yakama Nation, was cited by the State for unlawfully retaining undersized sturgeon. This occurred at the Maryhill Treaty Fishing Access Site (Maryhill), a plot of land set aside by Congress exclusively for the use of four Columbia River tribes to exercise their treaty fishing rights. The State argues it has rightfully assumed criminal jurisdiction at Maryhill. We disagree. We hold that Maryhill is reserved and held by the United States for the exclusive use of tribal members and that the State therefore lacks criminal jurisdiction.

FACTS

¶2 The basic…

2Cases cited23 opinions

  1. United States v. MitchellSupreme Court of the United States · 1983
  2. Bryan v. Itasca CountySupreme Court of the United States · 1976
  3. Washington v. Washington State Commercial Passenger Fishing Vessel Assn.Supreme Court of the United States · 1979
  4. Washington v. Confederated Bands & Tribes of the Yakima Indian NationSupreme Court of the United States · 1979
  5. Alaska Pacific Fisheries v. United StatesSupreme Court of the United States · 1918

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3Cited by13 opinions

  1. Gray v. Suttell & AssociatesWashington Supreme Court · 2014
  2. State v. KippWashington Supreme Court · 2014
  3. Cedar River Water & Sewer District v. King CountyWashington Supreme Court · 2013
  4. State v. ShaleWashington Supreme Court · 2015
  5. State Of Washington v. Ascencion Salgado-mendozaCourt of Appeals of Washington · 2016

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