Opinion · Court of Appeals for the Eighth Circuit
John Bartlett v. Herman S. Solem, Warden, South Dakota State Penitentiary and Mark v. Meierhenry, Attorney General, State of South Dakota
John Bartlett v. Herman S. Solem, Warden, S.D. State Penitentiary & Mark v. Meierhenry, Att’y Gen., State of S.D., 691 F.2d 420 (8th Cir. 1982)
- Type
- Opinion
- Court
- Court of Appeals for the Eighth Circuit
- Jurisdiction
- Federal
- Date
- 1982-10-27
- Topic
- bankruptcy
HEANEY, Circuit Judge, with whom LAY, Chief Judge, and BRIGHT, ROSS and JOHN R. GIBSON, Circuit Judges, join. The United States District Court for the District of South Dakota granted John Bartlett’s petition for a writ of habeas corpus on the ground that the State of South Dakota lacked jurisdiction to try Bartlett because his crime was committed on land that was part of the Cheyenne River Reservation. In so holding, the court relied on this Court’s opinion in United States v. Dupris, 612 F.2d 319 (8th Cir. 1979), vacated and remanded, 446 U.S. 980, 100 S.Ct. 2959, 64 L.Ed.2d 836 (1980), in which we held that the Act of May 29, 1908, 35 Stat. 460, did not diminish the boundaries of the reservation established by the Act of March 2, 1889, 25 Stat. 888.
Citator
UpLaw has not yet analyzed John Bartlett v. Herman S. Solem, Warden, South Dakota State Penitentiary and Mark v. Meierhenry, Attorney General, State of South Dakota. The absence of a flag is not a finding that it is good law.
- Authority status
- pending
- Cited by
- 11 opinions
Anthony C. Liotta, Acting Asst. Atty. Gen., Edward J. Shawaker, Janet L. Steckel, Attys., Dept. of Justice, Washington, D.C., Mark V. Meierhenry, Atty. Gen., Mark Smith, Asst. Atty. Gen., Pierre, S.D., for appellants.
Richard B. Collins, Native American Rights Fund, Boulder, Colo., Robert C. Riter, Jr., Riter, Mayer, Hofer Riter, Pierre, S.D., for appellee.
W. Richard West, Jr., Washington, D.C., for amicus curiae Cheyenne River Sioux Tribe.
Reid Peyton Chambers, Washington, D.C., for amicus curiae Standing Rock Sioux Tribe.
[2] The State of South Dakota on appeal contends thatDuprisis wrongly decided and asks that the Court en banc reject thePage 421panel opinion in that case. We decline to do so and affirm the decision of the district court for the reasons set forth inUnited States v. Dupris, supra; United States v. Long Elk,565 F.2d 1032(8th Cir. 1977), andUnited States ex rel.Condon v. Erickson,478 F.2d 684(8th Cir. 1973).
[3] The appellants argue thatUnited States ex rel. Condon v.Erickson, supra,was decided beforeDeCoteau v. District CountyCourt,420 U.S. 425,95 S.Ct. 1082,43 L.Ed.2d 300(1975), andRosebud Sioux Tribe v. Kneip,430 U.S. 584,97 S.Ct. 1361,51 L.Ed.2d 660(1977), and the review of the 1908 act inCondonwas not complete.DeCoteauandRosebudwere thoroughly analyzed by this Court inUnited States v. Dupris, supra,andUnited States v. Long Elk, supra.We conclude that the views expressed by this Court inCondon, Long ElkandDuprisare consistent with the opinions of the Supreme Court inDeCoteauandRosebud.