Legal Opinion
United States v. Dean R. Fryberg
Court of Appeals for the Ninth Circuit
Decided July 7, 1980No. 79-1488PublishedCited by 20 opinions
1Opinion of the Court
JAMESON, District Judge:
Dean Raymond Fryberg was charged by information with the unlawful taking, shooting and killing of a bald eagle, in violation of 16 U.S.C. § 668 and 668c. 1 He moved to dismiss the information on the grounds that “§ 668 et seq. cannot apply to the taking of an eagle for North American ceremonial and religious purposes”, a right secured to him by treaty, and that the prosecution constitutes a violation of the “free exercise” clause of the First Amendment to the Constitution of the United States. Following a combined evidentiary hearing and trial the district court denied…
2Cases cited16 opinions
- Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
- Andrus v. AllardSupreme Court of the United States · 1979
- Washington v. Washington State Commercial Passenger Fishing Vessel Assn.Supreme Court of the United States · 1979
- United States v. WinansSupreme Court of the United States · 1905
- Menominee Tribe of Indians v. United StatesSupreme Court of the United States · 1968
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Coeur D'Alene Tribal FarmCourt of Appeals for the Ninth Circuit · 1985
- United States v. Gig and Jeannette Eberhardt, United States of America v. Tom Wilson and Sonny Erickson, United States of America v. Diane Sue Mattz, Atone ("Tony") W. Folkins, and Randy MattzCourt of Appeals for the Ninth Circuit · 1986
- Anderson v. EvansCourt of Appeals for the Ninth Circuit · 2004
- United States v. AbeytaDistrict Court, D. New Mexico · 1986
- United States v. Thirty Eight (38) Golden Eagles or Eagle PartsDistrict Court, D. Nevada · 1986
15 more not listed; retrieve them via the Exa API.