Justia Native American Law Opinion Summaries

A member of the Te-Moak Tribe of Western Shoshone Indians allegedly sold fentanyl to a non-tribal member while on tribal land within Nevada. After the transaction, the buyer left tribal territory and subsequently died in nontribal state territory from an overdose of the fentanyl, combined with methamphetamine. The State charged the tribal member with second-degree murder caused by a controlled substance, based on the sale leading to the buyer’s death.The Fourth Judicial District Court, Elko County, granted the defendant’s motion to dismiss the charge, agreeing with his argument that the federal Major Crimes Act preempted Nevada’s jurisdiction. The district court reasoned that the only alleged criminal act—the drug sale—occurred entirely within tribal land, and thus Nevada could not prosecute the offense.On appeal, the Supreme Court of the State of Nevada considered whether the State had jurisdiction to prosecute a crime that began in Indian country but was completed in nontribal state territory. The Supreme Court held that Nevada has jurisdiction over crimes consummated within its boundaries, pursuant to NRS 171.015. The court determined that the charged offense was not complete until the victim died, and because death occurred in nontribal state territory, the crime was interterritorial and consummated within Nevada. The court further held that the Major Crimes Act, 18 U.S.C. § 1153(a), does not preempt Nevada’s jurisdiction over crimes that occur partially in Indian country and partially in nontribal territory. Therefore, the Supreme Court of Nevada reversed the district court’s order of dismissal and remanded the case for further proceedings. View "STATE VS SALAZAR" on Justia Law