Legal Opinion
United States Ex Rel. Donald M. Cook v. Gerald Parkinson, Warden of South Dakota State Penitentiary, Having Custody of and the County of Bennett
Court of Appeals for the Eighth Circuit
Decided October 29, 1975No. 75-1306PublishedCited by 23 opinions
1Opinion of the Court
VAN OOSTERHOUT, Senior Circuit Judge.
Donald M. Cook was convicted upon a plea of guilty to the crime of third degree burglary on April 29, 1971, at Martin, Bennett County, South Dakota. In a post-conviction relief proceeding the South Dakota Supreme Court denied Cook’s claim that South Dakota had no jurisdiction over him because he was an Indian 1 and that the situs of the crime, Bennett County, was Indian Country as defined in 18 U.S.C. § 1151. Cook v. State, 215 N.W.2d 832 (S.D.1974). Cook subsequently petitioned the United States District Court for the District of South Dakota for a writ…
2Cases cited9 opinions
- DeCoteau v. District County Court for the Tenth Judicial DistrictSupreme Court of the United States · 1975
- Mattz v. ArnettSupreme Court of the United States · 1973
- Seymour v. Superintendent of Washington State PenitentiarySupreme Court of the United States · 1962
- Ash Sheep Co. v. United StatesSupreme Court of the United States · 1920
- United States of America Ex Rel. Tilden Louis Condon v. Don R. Erickson, Warden of the South Dakota State PenitentiaryCourt of Appeals for the Eighth Circuit · 1973
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- United States v. Long ElkCourt of Appeals for the Eighth Circuit · 1977
- Ute Indian Tribe v. State of UtahDistrict Court, D. Utah · 1981
- Confederated Salish & Kootenai Tribes v. NamenCourt of Appeals for the Ninth Circuit · 1982
- Shirt v. HazeltineDistrict Court, D. South Dakota · 2004
- State v. PerankUtah Supreme Court · 1993
18 more not listed; retrieve them via the Exa API.