Justia Native American Law Opinion Summaries

Articles Posted in Iowa Supreme Court
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The Supreme Court reversed the magistrate's dismissal of three pending misdemeanor charges against Defendant based on the legal proposition that Iowa courts lack jurisdiction over crimes committed on the Meskwaki Settlement, holding that the State may assert jurisdiction involving crimes committed on tribal lands by non-Indians involving either victimless crimes or non-Indian victims. An officer of the Meskwaki Nation Police Department filed two cases in district court alleging that Defendant committed the misdemeanor crimes of trespass, possession of drug paraphernalia, and violation of a no-contact order while on the Meskwaki Settlement. The magistrate dismissed the charges, concluding that recent federal legislation removed state jurisdiction for crimes committed on the Settlement. The Supreme Court reversed the dismissal of the charges and vacated the remaining portions of the district court's order, holding that the recent legislation left undisturbed state court criminal jurisdiction involving criminal acts involving non-Indians. View "State v. Stanton" on Justia Law