Legal Opinion
People v. Boots
New York County Courts
Decided October 20, 1980PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Jan H. Plumadore, J.
These defendants have moved this court for the following relief: dismissal of all charges because (1) the courts of the State of New York lack jurisdiction over (Mohawk) Indians, (2) the charges are the result of “selective and persecutorial prosecution”, and (3) in the interests of justice; dismissal of such of the charges as are not supported by sufficient evidence ;• inspection of the Grand Jury minutes; bill of particulars; multifaceted discovery.
I. JURISDICTION
A. STATUS OF INDIAN TRIBES
Indian tribes, contrary to the defendants’ assertions, are no…
2Cases cited15 opinions
- United States v. WheelerSupreme Court of the United States · 1978
- Oneida Indian Nation v. County of OneidaSupreme Court of the United States · 1974
- United States v. KagamaSupreme Court of the United States · 1886
- Washington v. Washington State Commercial Passenger Fishing Vessel Assn.Supreme Court of the United States · 1979
- Oliphant v. Suquamish Indian TribeSupreme Court of the United States · 1978
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3Cited by3 opinions
- United States v. BurnsDistrict Court, N.D. New York · 1989
- People v. GuntonAppellate Division of the Supreme Court of the State of New York · 1993
- People v. HillOneida City Court · 2002