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eBook details

• Title: Bode v. Minnesota Department of Natural Resources
• Author : Minnesota Court of Appeals
• Release Date : January 01, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Appellant William Losh, who is a member of the Mille Lacs Band of the Minnesota Chippewa Tribe, challenges his conviction of driving a motor vehicle after revocation, in violation of Minn. Stat. § 171.24, subd. 2 (2006), arguing that the court lacks subject-matter jurisdiction. The district court found jurisdiction on the ground that the offense occurred within the boundaries of the Leech Lake Reservation and that Losh is not a member of the Leech Lake Band. The court of appeals affirmed, but on different grounds. State v. Losh, 739 N.W.2d 730, 736 (Minn. App. 2007). Specifically, it concluded that the charged offense was criminal/prohibitory and, therefore, the court had subject-matter jurisdiction under Public Law 280. Id. at 735-36. At issue is whether driving after revocation, in violation of Minn. Stat. § 171.24, subd. 2, is criminal/prohibitory under Public Law 280 when the defendant‟s license was revoked for driving while impaired. We affirm.

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