Justia Native American Law Opinion Summaries

Articles Posted in North Carolina Supreme Court
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The Supreme Court affirmed the decision of the court of appeals affirming Defendant's convictions and rejecting Defendant's argument that the trial court erred in denying his motion to dismiss on jurisdictional grounds, holding that Defendant failed to demonstrate that he was an Indian for purposes of the federal Indian Major Crimes Act (IMCA) such that he was not subject to the jurisdiction of North Carolina's courts. Defendant was charged in Jackson County with first-degree murder, robbery with a dangerous weapon, and possession of a firearm by a felon. Defendant moved to dismiss the charges for lack of subject matter jurisdiction, arguing that he was an Indian, and therefore, he could only be tried in federal court pursuant to the IMCA. After a hearing, the trial court denied Defendant's motion to dismiss, determining that Defendant was not an Indian within the meaning of the IMCA. The Supreme Court affirmed, holding (1) the trial court did not err in denying Defendant's motion to dismiss; and (2) the trial court did not err by denying Defendant's request for a special jury verdict. View "State v. Nobles" on Justia Law