State v. Cutnose

I dissent. The conviction of Mr. Cut-nose should be reversed because the State of New Mexico lacked jurisdiction to indict and try this defendant.

The State’s jurisdiction involves one issue of Indian-State relations never before decided — the meaning of a “dependent Indian community”. This jurisdictional question is of paramount importance because it involves “general public interest” and the “fundamental rights of a party”. Supreme Court Rule 11. N.M.S.A. § 21-12-11 (1974 Interim Supp.).

(A) The Alleged Offenses Took Place in Navajo “Indian Country”.(1) Navajo "Indian Country” Defined

“Indian…