Recent Utah Supreme Court Ruling

[Hawkeye]

Gentlemen-

The Utah Supreme Court issued a favorable ruling today in the case of State v. Reber. In that case, several individuals accused of the wanton destruction of wildlife sought to defend themselves on the basis that the State of Utah lacked jursidiction to prosecute such crimes committed by Indians on Indian lands. The Utah Supreme Court rejected this argument and ruled, among other things, that that State had jurisidction in this matter and that the tribe had no property interest in the animals in question. This is a positive ruling that should allow the state to enforce wildlife laws on Indian lands in the future. I have attached a link to the court's opinion.

Hawkeye

http://www.utcourts.gov/opinions/supopin/Reber042407.pdf

 

[liv4hunt]

Awesome!!!

Work to hunt!! Live to hunt!! And the rest spent keeping the wife happy!!

 

[thebuckstopshere]

The ruling was a good one in this case. However, it did hinge on the fact that the perps were found to be non-Indians. So, a non-Indian cannot hide behind the tribe when killing wildlife anywhere on Indian land. If they had been Indians, the tribe would likely have had jurisdiction and not the State.

Again, a good ruling. Now if my email from DWR would arrive. . .