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Friday, September 5, 2003

A New York county is appealing a decision that prohibited the prosecution of an Oneida Nation man in tribal and state court.

State Supreme Court Judge William F. O'Brien III said Clint Hill was acquitted by a tribal court and could not be prosecuted for the same offense in state court. He said the tribal court operated within the jurisdiction of the United States.

O'Brien's ruling overturns a city judge who said dual prosecution was allowed because the tribe's prosecution flowed from its inherent sovereignty. It also appears to conflict with decisions in two federal circuits, which have upheld inherent tribal jurisdiction over Indians.

Get the Story:
County appeals nation case (The Syracuse Post-Standard 9/5)

Related Stories:
N.Y. court won't allow dual tribal, state prosecution (07/21)
Tribal jurisdiction faces test before Supreme Court (07/03)
Court rulings on tribal jurisdiction are in conflict (04/16)
Inouye ties sovereignty to homeland security (02/25)
Tribes seek to overturn Supreme Court (2/27)
Native man denied by Supreme Court (01/22)
Court upholds dual tribal, federal prosecutions (7/2)

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