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STATE v. SEBASTIAN

(SC 15434)

243 Conn. 115 (1997)

STATE OF CONNECTICUT v. MARK R. SEBASTIAN

Supreme Court of Connecticut.

Officially released September 2, 1997.

Attorney(s) appearing for the Case

William S. Bingham, with whom was Beth A. Hogan, for the appellant (defendant).

Kevin T. Kane, state's attorney, with whom was Sarah Steere, deputy assistant state's attorney, for the appellee (state).

Richard Blumenthal, attorney general, and David H. Wrinn and Susan Quinn Cobb, assistant attorneys general, filed a brief for the attorney general as amicus curiae.

Christopher F. Droney, United States attorney, and Carl J. Schuman, assistant United States attorney, filed a brief for the United States of America as amicus curiae.

Callahan, C. J., and Borden, Berdon, Katz, Palmer, McDonald and Peters, Js.

Opinion

PALMER, J.

The dispositive issue raised by this appeal is whether the state of Connecticut has criminal jurisdiction over a defendant who is a member of an Indian tribe that has not been acknowledged by the federal government but whose application for acknowledgment is pending with the federal Bureau of Indian Affairs (BIA).2 The defendant, Mark R. Sebastian, a member of the Paucatuck Eastern Pequot Tribe,

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