State v. Delorme
State of North Dakota, Plaintiff and Appellee
Glen Michael Delorme, Defendant and Appellant
Southeast Judicial District,
Judge Thomas E. Merrick
|Nature of Action:||Misc. Statutory Off. (Misdemeanor)|
|Term:||02/2013  Argument: 02/27/2013 1:30pm|
|ND cite:||2013 ND 123|
834 N.W.2d 300
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
The district court erred when they denied the Appellant's Motion to Dismiss due to lack of subject matter jurisdiction of the Court based on Appellant's aboriginal usufructuary rights as guaranteed and preserved in the 1863 Treaty of Old Crossing.
The district court erred when they granted the State's Motion in Limine concerning reference to any land in Eddy County where these offenses are alleged to have occurred as being part of an Indian reservation or Indian Country, that the Appellant was licensed by the tribe as a guide and outfitter.
Appellee's Statement of the Issues:
Issue 1 Whether an outfitting license issued by the Spirit Lake Sioux Tribe to one of its members, which is then transferred to a non-member, precludes state jurisdiction over the non-member's off-reservation outfitting activities?
Issue 2 Whether an aboriginal right to hunt can be a defense to a non-hunting charge?
Issue 3 Whether North Dakota will be the only jurisdiction to expand aboriginal hunting rights to include "ancillary," non-hunting activities?
Issue 4 Whether the land on which the violations occurred constitutes either aboriginal land or Indian country?
Issue 5 Whether an 1863 treaty, which conveyed "all" Indian interests, preserved a right to hunt?
Issue 6 Whether any right to hunt established by the 1863 treaty terminated as a result of Indian Claims Commission proceedings and, if not, is the right enforceable through an Indian group that has not maintained a political identity and is the right subject to state regulation?
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|1||10/15/2012||NOTICE OF APPEAL: 10/10/2012|
|2||10/16/2012||ORDER FOR TRANSCRIPT: 10/16/2012|
|3||10/18/2012||Amended Notice of Filing Notice of Appeal dated 10-16-12|
|4||11/02/2012||TRANSCRIPTS DATED MAY 8, 2012, SEPTEMBER 10, 2012, SEPTEMBER 11, 2012, & C.O.S.|
|5||11/02/2012||DISK-TRA (MAY 8, 2012, SEPTEMBER 10, 2012, AND SEPTEMBER 11, 2012) E-MAILED|
|6||11/13/2012||ELEC. RECORD ON APPEAL DATED NOVEMBER 9, 2012 (ENTRY NOS. 1-34, 36-48) (35 not sent)|
|10||01/02/2013||Rec'd non-substantive corrections to ATB|
|14||01/22/2013||Rcv'd 7 copies of corrected pg 20 for AEB|
|15||01/24/2013||NOTICE OF ORAL ARGUMENT SENT|
|16||01/24/2013||Rec'd Notice of Appearance for Charles M. Carvell, Special Assistant Attorney General|
|17||02/27/2013||APPEARANCES: Robert C. Fleming; Charles M. Carvell and Travis S. Peterson|
|18||02/27/2013||ARGUED: Fleming; Carvell|
|19||02/27/2013||ORAL ARGUMENT WEBCAST|
|21||07/18/2013||UNANIMOUS OPINION: Sandstrom, Dale V.|
|22||07/19/2013||Judgment Sent to Parties|
|24||08/21/2013||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|