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STATE v. LASLEY

No. 03-1938.

705 N.W.2d 481 (2005)

STATE of Iowa, Appellant, v. Lester Tobias LASLEY, Appellee.

Supreme Court of Iowa.

October 28, 2005.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Donald D. Stanley, Jr., and Brian Meyer, Assistant Attorneys General, Brent D. Heeren, County Attorney, and Richard Vander Mey, Assistant County Attorney, for appellant.

Steven F. Olson and Jeffrey S. Rasmussen of BlueDog, Olson & Small, P.L.L.P., Minneapolis, Minnesota, for appellee.

LAVORATO, Chief Justice.

This proceeding stems from a charge of an alleged sale of cigarettes to an underaged person by an individual on an Indian reservation in violation of Iowa Code section 453A.2(1) (Supp.2001). A magistrate dismissed the charge, concluding that the court lacked subject matter jurisdiction because of Indian sovereign immunity. The State sought discretionary review, which we granted. The Sac and Fox Tribe of the Mississippi in Iowa (Tribe), owner...

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