NEGONSOTT v. SAMUELS

No. 88-2666.

933 F.2d 818 (1991)

Emery L. NEGONSOTT, Plaintiff-Appellant, v. Harold SAMUELS and The Attorney General of the State of Kansas, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 8, 1991.


Attorney(s) appearing for the Case

Pamela S. Thompson, Kansas City, Kan., for plaintiff-appellant.

Timothy G. Madden, Sp. Asst. Atty. Gen., Dept. of Corrections, Topeka, Kan., for defendants-appellees.

Before HOLLOWAY, Chief Judge, SEYMOUR and EBEL, Circuit Judges.


SEYMOUR, Circuit Judge.

This habeas case requires us to determine the scope of criminal jurisdiction granted by 18 U.S.C. § 3243 (1988) to the State of Kansas over state-law offenses committed by Indians on Indian lands. Petitioner Emery L. Negonsott claims that Kansas lacked subject matter jurisdiction to prosecute him for aggravated battery because that offense is within exclusive federal jurisdiction under the Federal Major Crimes Act, 18 U.S.C. § 1153...

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