Bitsie Ex Rel. Bitsie v. Walston

I dissent.

Sometimes, in sensitive cases, trial judges grant directed verdicts and summary judgments as fact finders. Sometimes, appellate judges affirm. It is difficult to explain this problem to Indian people, and the public generally, because they are not familiar with the variant legal attitudes with which judges are endowed. An analytical study proves that legal attitudes are as variant as the changes in seasons.

In this case, the majority determined what “ordinary sensibilities” are as a matter of law; that “We cannot, as a matter of law, equate an offense to persons holding [traditional…