Legal Opinion
State v. Larson
South Dakota Supreme Court
Decided May 9, 1990No. 16438, 16769PublishedCited by 3 opinions
1Opinion of the Court
SABERS, Justice.
We hold that the State does not have jurisdiction to prosecute a simple assault committed in Indian country by a non-Indian against an Indian.
Facts
Lars Larson was charged under SDCL 22-18-1(1) with simple assault. He subsequently moved to dismiss the charge due to lack of state jurisdiction. At the hearing on the motion, it was stipulated that Larson is a non-Indian, the alleged assault took place on the Pine Ridge Indian Reservation, and the victim is a member of the Oglala Sioux Tribe. The magistrate judge granted the motion, concluding that the court did not have subject…
2Cases cited10 opinions
- McClanahan v. Arizona State Tax CommissionSupreme Court of the United States · 1973
- White Mountain Apache Tribe v. BrackerSupreme Court of the United States · 1980
- Washington v. Confederated Bands & Tribes of the Yakima Indian NationSupreme Court of the United States · 1979
- Williams v. United StatesSupreme Court of the United States · 1946
- St. Cloud v. United StatesDistrict Court, D. South Dakota · 1988
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3Cited by3 opinions
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- Cheyenne River Sioux Tribe v. South DakotaCourt of Appeals for the Eighth Circuit · 1993
- Cheyenne River Sioux Tribe v. State Of South DakotaCourt of Appeals for the Eighth Circuit · 1993