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DURO v. REINA

No. 88-6546.

495 U.S. 676 (1990)

DURO v. REINA, CHIEF OF POLICE, SALT RIVER DEPARTMENT OF PUBLIC SAFETY, SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY, ET AL.

Supreme Court of United States.

Decided May 29, 1990

Attorney(s) appearing for the Case

John Trebon, by appointment of the Court, 490 U.S. 1079, argued the cause and filed briefs for petitioner.

Richard B. Wilks argued the cause for respondents. With him on the brief was M. J. Mirkin.

Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Starr, Assistant Attorney General Stewart, Harriet S. Shapiro, Robert L. Klarquist, Edward J. Shawaker, William G. Lavell, and Scott Keep.*

JUSTICE KENNEDY delivered the opinion of the Court.

We address in this case whether an Indian tribe may assert criminal jurisdiction over a defendant who is an Indian but not a tribal member. We hold that the retained sovereignty of the tribe as a political and social organization to govern its own affairs does not include the authority to impose criminal sanctions against a citizen outside its own membership.

I...

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