Legal Opinion
State v. Onihan
South Dakota Supreme Court
Decided August 3, 1988No. 15947PublishedCited by 15 opinions
1Opinion of the Court
SABERS, Justice.
Facts
On August 31, 1986, Dennis Onihan (Oni-han) was arrested by a South Dakota Highway Patrol officer on a charge of driving while under the influence. The offense took place on a public highway in Day County; the highway is a right-of-way running through Indian trust land and is in Indian country. Onihan is an enrolled member of the Sisseton Wapheton Sioux Tribe. The arresting officer was not cross-deputized as either a BIA or Tribal Police Officer.
Onihan was charged in Day County Circuit Court. He moved to dismiss the charges on the grounds that the state court had neither…
2Cases cited9 opinions
- Washington v. Confederated Bands & Tribes of the Yakima Indian NationSupreme Court of the United States · 1979
- United States of America Ex Rel. Tilden Louis Condon v. Don R. Erickson, Warden of the South Dakota State PenitentiaryCourt of Appeals for the Eighth Circuit · 1973
- Sheppard v. SheppardIdaho Supreme Court · 1982
- Smith v. TempleSouth Dakota Supreme Court · 1967
- Airvator, Inc. v. Turtle Mountain Manufacturing Co.North Dakota Supreme Court · 1983
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. Spotted HorseSouth Dakota Supreme Court · 1990
- Sage v. SICANGU OYATE HO. INC.South Dakota Supreme Court · 1991
- Rosebud Sioux Tribe v. South DakotaCourt of Appeals for the Eighth Circuit · 1990
- Rosebud Sioux Tribe, Cheyenne River Sioux Tribe, Intervenor, Oglala Sioux Tribe, Standing Rock Sioux Tribe v. State of South Dakota George S. Mickelson, Governor Roger Tellinghuisen, Attorney General Jim Jones, Superintendent of the Highway Patrol, in Their Official Capacities, Rosebud Sioux Tribe, Cheyenne River Sioux Tribe, Oglala Sioux Tribe and Standing Rock Sioux Tribe, Intervenors-Plaintiffs Below v. State of South Dakota George S. Mickelson, Governor Roger Tellinghuisen, Attorney General Jim Jones, Superintendent of the Highway Patrol, in Their Official Capacities, Rosebud Sioux Tribe, Cheyenne River Sioux Tribe, Oglala Sioux Tribe, Standing Rock Sioux Tribe, (Plaintiff/intervenors Below) v. State of South Dakota George S. Mickelson, Governor Roger Tellinghuisen, Attorney General Jim Jones, Superintendent of the Highway Patrol, in Their Official CapacitiesCourt of Appeals for the Eighth Circuit · 1990
- Rosebud Sioux Tribe v. South DakotaDistrict Court, D. South Dakota · 1989
10 more not listed; retrieve them via the Exa API.