STATE v. L.J.M.

No. 63367-3.

918 P.2d 898 (1996)

129 Wash.2d 386

The STATE of Washington, Petitioner, v. L.J.M., Respondent.

Supreme Court of Washington, En Banc.

Decided June 20, 1996.


Attorney(s) appearing for the Case

Russell D. Hauge, Kitsap County Prosecutor, Pamela B. Loginsky, Deputy, Port Orchard, for Washington Ass'n of Pros. Attorneys.

Richard L. Weber, Okanogan County Prosecutor, Okanogan, for petitioner.

Scot D. Stuart and Law Office of Scot D. Stuart, Okanogan, Barker & Howard, Thomas E. Weaver, Jr., Wenatchee, for respondent.


ALEXANDER, Justice.

The principal question presented by this appeal is whether, in a case where it is undisputed that the site of an alleged crime was within the external geographic boundaries of an Indian reservation, and the defendant identifies himself at trial as a member of a recognized Indian tribe, the State's burden of proof on the issue of jurisdiction is greater than it would otherwise be. In addition, we must determine, regardless of what level of burden...

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