Impact of Supreme Court's Ruling in Duro V. Reina: Hearing Before the Select Committee on Indian Affairs, United States Senate, One Hundred Second Congress, First Session, on S. 962 ... S. 963 ... May 9, 1991, Washington, DC.U.S. Government Printing Office, 1991 |
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Common terms and phrases
American Indian Appeals Arizona Bill of Rights Chairman Chief Judge citizens Civil Rights Act committed Committee on Indian CONGRESS THE LIBRARY constitutional criminal jurisdiction Duro decision enacted enrolled members exercise criminal jurisdiction federal government federal jurisdiction Fort Belknap Fort Mojave habeas corpus ICRA Indian Affairs Indian Civil Rights Indian Community Indian country Indian reservations Indian tribes inherent issue judicial jurisdiction over Indians jurisdiction over nonmember jurisdictional void jury law and order law enforcement legislation LIBRARY OF CONGRESS Major Crimes Act member Indians Nation Native American Navajo Navajo Nation non-Indians non-tribal members nonmember Indians offenses Oliphant problems prosecute Pueblo recognized Reina reside responsibility Salt River Senate Select Committee Sioux South Dakota sovereign statement statutes Thank tion treaties tribal community tribal courts tribal criminal jurisdiction tribal governments tribal jurisdiction tribal law tribal members tribal sovereignty U.S. Attorney U.S. Supreme Court United States Supreme Washington Zuni
Սիրված հատվածներ
Էջ 280 - State court proceeding; (8) or unless that part of the record of the State court proceeding in which the determination of such factual issue was made, pertinent to a determination of the sufficiency of the evidence to support such factual determination, is produced as provided for hereinafter, and the Federal court on a consideration of such part of the record as a whole coneludes that such factual determination is not fairly supported by the record...
Էջ 278 - States; or, being a subject or citizen of a foreign State, and domiciled therein, is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection or exemption claimed under the commission, or order, or sanction of any foreign State, or under color thereof, the validity and effect whereof depend upon the law of nations; or unless it is necessary to bring the prisoner into court to testify.
Էջ 281 - ... 2 violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized...
Էջ 276 - ... the highest court of a State in which a decision could be had, where is drawn in question the validity of a treaty or statute of the United States ; or where is drawn in question the validity of a statute of any State, on the ground of its being repugnant to the Constitution, treaties...
Էջ 278 - The writ of habeas corpus shall in no case extend to a prisoner in jail, unless where he is in custody under or by color of the authority of the United States...
Էջ 278 - State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.
Էջ 276 - States and the decision is against its validity. (2) By appeal, where is drawn in question the validity of a statute of any state on the ground of its being repugnant to the Constitution, treaties or laws of the United States, and the decision is in favor of its validity.
Էջ 281 - ... (6) deny to any person in a criminal proceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and at his own expense to have the assistance of counsel for his defense...
Էջ 237 - ... imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction. All exceptions, therefore, to the full and complete power of a nation within its own territories, must be traced up to the consent of the nation itself. They can flow from no other legitimate source.
Էջ 129 - The Government and people of the United States are hereby obliged to secure to the said Choctaw Nation of Red People the jurisdiction and government of all the persons and property that, may be within their limits west, so that no Territory or State shall ever have a right to pass laws for the government of the Choctaw Nation of Red People and their descendants; and that no part of the land granted them shall ever be embraced in any Territory or State...