United States v. John Walking Crow

HENLEY, Circuit Judge.

This case brings before us again the question that we found “troublesome” in United States v. Kills Plenty, 466 F.2d 240,243 (8th Cir. 1972), cert. denied, 410 U.S. 916, 93 S.Ct. 971, 35 L.Ed.2d 278 (1973), namely, whether Indian tribal courts and the district courts of the United States derive their adjudicatory powers from the same sovereign. In Kills Plenty the question arose in connection with a claim of collateral estoppel; here it arises in connection with a claim of double jeopardy.

On January 27, 1976 at Mission, South Dakota, which is located on the Rosebud Sioux…