Legal Opinion

State v. Vandermay

South Dakota Supreme Court

Decided December 24, 1991No. 17456PublishedCited by 13 opinions

1Opinion of the Court

AMUNDSON, Justice.

State appeals from trial court’s grant of a motion to dismiss for lack of jurisdiction in favor of Matt Vandermay (Vandermay). We reverse and remand.

FACTS

On July 17, 1990, Vandermay, a non-Indian, was apprehended on Jackson County Road No. 63 within the territorial boundaries of the Pine Ridge Indian Reservation. He was charged with operating an overweight vehicle in violation of SDCL 32-22-16. Counsel for Vandermay stated at the motion hearing that Vandermay was not contending that he was enrolled or intended to be enrolled in any tribe. The trial court found that State had…

2Cases cited11 opinions

  1. United States v. WheelerSupreme Court of the United States · 1978
  2. Oliphant v. Suquamish Indian TribeSupreme Court of the United States · 1978
  3. Solem v. BartlettSupreme Court of the United States · 1984
  4. Duro v. ReinaSupreme Court of the United States · 1990
  5. United States v. McBratneySupreme Court of the United States · 1882

6 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Red Fox v. HettichSouth Dakota Supreme Court · 1993
  2. Devitt v. HayesSouth Dakota Supreme Court · 1996
  3. Risse v. MeeksSouth Dakota Supreme Court · 1998
  4. Pennington County v. State ex rel. Unified Judicial SystemSouth Dakota Supreme Court · 2002
  5. White Eagle v. City of Fort PierreSouth Dakota Supreme Court · 2000

8 more not listed; retrieve them via the Exa API.

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