Native man denied by Supreme Court

TUESDAY, JANUARY 22, 2002

The Supreme Court today declined to review of an appeal by an American Indian man convicted of the same crime under both tribal and federal jurisdiction.

Without comment, the Justices turned down Michael Enas' case. Enas, a member of the San Carlos Apache Tribe of Arizona, was prosecuted for a crime he committed on the White Mountain Apache Reservation in Arizona.

After subsequently pleading guilty in 1994 to stabbing Joseph Kessey, Enas was then indicted by a federal jury. He then challenged the action and initially prevailed before a federal judge in 1998.

The 9th Circuit Court of Appeals court overturned the decision, noting that the tribe was exercising its inherent authority over all Indians, regardless of tribal membership. A rehearing affirmed the decision last June.

The case drew the attention of activist and author Russell Means. His lawyer, John Trebon, participated in arguments before the appeals court, saying that tribes don't have authority over Indians who are not members.

Means is facing prosecution for an alleged crime he committed on the Navajo Reservation. He has fought the tribe's authority.

Get the Case:
US v. ENAS, No 99-10049 (9th Cir. June 29, 2001)

Only on Indianz.Com:
The Navajo Nation and Russell Means (Top Story of 1999)

Relevant Links:
Russell Means - http://www.russellmeans.com

Related Stories:
Court upholds dual tribal, federal prosecutions (7/2)