Monday, June 20, 2016

Additional Monday at the Bar. Lex Anteinternet: The ghost of the Crow Treaty of 1868 appears in a Wyoming Court (and soon in the Wyoming Supreme Court)

As we earlier reported on this item:
Lex Anteinternet: The ghost of the Crow Treaty of 1868 appears in a ...:    Crow Indians, 1908. These men may have been living at the time the Ft. Laramie Treaty came into being. The Casper Star Tribune rep...
the Crow game warden convicted in a Wyoming court of poaching just over the Wyoming border was, as noted, convicted.  Based on the reporting of the trial, the 1868 treaty wasn't asserted much, rather mistake of geography seems to have been. However, we need to keep in mind that reporting on legal matters is usually not completely accurate.

Suggesting that it was not, in fact, fully accurate we learn today in the Casper Start Tribune that the warden is appealing his conviction and asserting his rights under the 1868 Treaty as a basis for it. The article is somewhat confusing, however, in that it states he's appealing it to Wyoming's 4th Judicial District, which can't be accurate as that's the trial level court.  He'd have to appeal it to the Wyoming Supreme Court.  His lawyer indicates that they'll take it all the way up to the United States Supreme Court if they can and must, although getting a case up there isn't easy as it isn't by right.  Additionally, based upon last week's U.S. Supreme Court decision in United States v. Bryant I wouldn't be terribly optimistic about that  effort as the U.S. Supreme Court is pretty clearly telegraphing that while it may have abandoned the traditional reading of the law in various things, in this area, Indian law, it apparently has not. 

No comments: