Utah Supreme Court to hear jurisdiction case

Monday, February 12, 2007  

The Utah Supreme Court will hear oral arguments on February 28 in a case affecting jurisdiction on the Uintah and Ouray Reservation.

The state prosecuted Ricky L. Reber, a "mixed-blood" Ute, for hunting on the reservation without a permit. But the Utah Court of Appeals said dismissed the charge because it said the Ute Tribe, not the state, was the victim.

In doing so, the court upheld the Indian Country status of the entire reservation.. Even though Congress terminated the "mixed-blood" Utes, the court said the reservation was never extinguished.

The Ute Tribe, which descends from the "full-blood" Utes who weren't terminated, has sided with the state. The tribe says Reber can't claim any rights as a federally recognized Indian.

The appeals court never got to that question because it resolved the case on the status of the reservation as Indian Country.

Get the Story:
Fight over blood line, deer kill is on docket (The Deseret Morning News 2/12)

Court of Appeals Decision:
State v. Reber (November 10, 2005)

Related Stories:
Court revives mixed-blood Ute termination case (1/22)
Terminated Utes to press case in court, public arena (02/22)
Terminated Utes seek to regain status, identity (11/21)
Utah court blocks state jurisdiction on hunting (11/11)
Utah court tries to figure out who is legally Indian (09/22)
Court to hear terminated Ute hunting rights case (09/08)
Federal courts try to decide who is legally Indian (08/24)
Unrecognized tribe loses aboriginal rights case (1/27)
Termination policy still affects Utah tribes (8/7)
Non-recognized tribe wins round in suit (4/16)
Utah says tribe not real (11/8)