Did you know we offer summary newsletters for even more practice areas and jurisdictions? Explore them here.Ĭourt Description: Tribal Jurisdiction. You already receive new opinion summaries from Ninth Circuit US Court of Appeals.

Sign up for free summaries delivered directly to your inbox. Want to stay in the know about new opinions from the Ninth Circuit US Court of Appeals? Therefore, the panel found that the Yakama Nation has not shown actual success on the merits in order to justify a permanent injunction. 1323(a), the Proclamation retroceded, 'in part,' civil and criminal jurisdiction over the Yakama Nation to the United States, but retained jurisdiction over matters 'involving non-Indian defendants and non-Indian victims.' Based on the entire context of the Proclamation, the panel concluded that 'and' is disjunctive and must be read as 'or.' Therefore, the panel held that, under the Proclamation, the State retained criminal jurisdiction over cases in which any party is a non-Indian. The panel held that the Yakama Nation had Article III standing to seek a permanent injunction regarding the effect of a Washington State Proclamation retroceding, or giving back, criminal jurisdiction to the United States. The State of Washington may exercise criminal jurisdiction over members of the Confederated Tribes and Bands of the Yakama Nation who commit crimes on reservation land.

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