State v. Delorme

20120380 State of North Dakota, Plaintiff and Appellee
v.
Glen Michael Delorme, Defendant and Appellant

Appeal from: District Court, Southeast Judicial District, Eddy County
Judge Thomas E. Merrick
Nature of Action: Misc. Statutory Off. (Misdemeanor)
Counsel:
Appellant: Robert Charles Fleming
Appellee: Travis Scott Peterson , State's Attorney
Appellee: Charles M. Carvell , Spec. Asst. Atty. Gen.
Term: 02/2013   Argument: 02/27/2013  1:30pm
ND cite: 2013 ND 123
NW cite: 834 N.W.2d 300

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
110/15/2012 NOTICE OF APPEAL: 10/10/2012
210/16/2012 ORDER FOR TRANSCRIPT: 10/16/2012
310/18/2012 Amended Notice of Filing Notice of Appeal dated 10-16-12
411/02/2012 TRANSCRIPTS DATED MAY 8, 2012, SEPTEMBER 10, 2012, SEPTEMBER 11, 2012, & C.O.S.
511/02/2012 DISK-TRA (MAY 8, 2012, SEPTEMBER 10, 2012, AND SEPTEMBER 11, 2012) E-MAILED
611/13/2012 ELEC. RECORD ON APPEAL DATED NOVEMBER 9, 2012 (ENTRY NOS. 1-34, 36-48) (35 not sent)
712/13/2012 APPELLANT BRIEF
812/13/2012 APPELLANT APPENDIX
912/31/2012 DISK (ATB)-(e-mailed)
1001/02/2013 Rec'd non-substantive corrections to ATB
1101/14/2013 APPELLEE BRIEF
1201/14/2013 APPELLEE APPENDIX
1301/14/2013 DISK (AEB)(e-mailed)
1401/22/2013 Rcv'd 7 copies of corrected pg 20 for AEB
1501/24/2013 NOTICE OF ORAL ARGUMENT SENT
1601/24/2013 Rec'd Notice of Appearance for Charles M. Carvell, Special Assistant Attorney General
1702/27/2013 APPEARANCES: Robert C. Fleming; Charles M. Carvell and Travis S. Peterson
1802/27/2013 ARGUED: Fleming; Carvell
1902/27/2013 ORAL ARGUMENT WEBCAST
2007/18/2013 DISPOSITION: AFFIRMED
2107/18/2013 UNANIMOUS OPINION: Sandstrom, Dale V.
2207/19/2013 Judgment Sent to Parties
2308/19/2013 MANDATE
2408/21/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 09/23/2014