Legal Opinion
State v. Daly
South Dakota Supreme Court
Decided April 18, 1990No. 16719PublishedCited by 10 opinions
1Opinion of the Court
MILLER, Justice.
Applying the doctrine of comity, we dismiss this appeal. In so doing, we conclude that the federal court has determined that appellee is an Indian for criminal jurisdictional purposes.
FACTS
Defendant John Jerald Daly was originally charged in state court with three counts of second-degree burglary, in violation of SDCL 22-32-3. The offenses were alleged to have been committed in Todd County, South Dakota, within the boundaries of the Rosebud Sioux Tribal Reservation. He originally entered a plea of not guilty and not guilty by reason of insanity. Later, pursuant to a plea…
2Cases cited11 opinions
- United States v. AntelopeSupreme Court of the United States · 1977
- United States v. Horace Henry MathewsCourt of Appeals for the Ninth Circuit · 1987
- State v. WincklerSouth Dakota Supreme Court · 1977
- Harold Edwin O'Leary v. United StatesCourt of Appeals for the Eighth Circuit · 1988
- Mexican v. Circle BearSouth Dakota Supreme Court · 1985
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. St. CloudSouth Dakota Supreme Court · 1991
- SDDS, Inc. v. StateSouth Dakota Supreme Court · 1997
- Owen v. WeberCourt of Appeals for the Eighth Circuit · 2011
- SDDS, Inc. v. StateSouth Dakota Supreme Court · 1997
- SddsSouth Dakota Supreme Court · 1997
5 more not listed; retrieve them via the Exa API.