MOSES v. DEPARTMENT OF CORRECTIONS

Docket No. 262970.

736 N.W.2d 269 (2007)

274 Mich. App. 481

Scott William MOSES, Plaintiff-Appellant, v. DEPARTMENT OF CORRECTIONS and People of the State of Michigan, Defendants-Appellees.

Court of Appeals of Michigan.

Decided March 1, 2007, at 9:05 a.m.

Released for Publication June 21, 2007.


Attorney(s) appearing for the Case

William L. Antrobius, Mt. Pleasant, for Scott W. Moses.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Chester S. Sugierski, Jr., Assistant Attorney General, for the Department of Corrections.

Larry J. Burdick, Prosecuting Attorney, and Risa Scully, Senior Assistant Prosecuting Attorney, for the people.

Before: MARKEY, P.J., and SAAD and WILDER, JJ.


PER CURIAM.

In this habeas corpus proceeding, plaintiff challenges the jurisdiction of the Isabella Circuit Court with respect to his conviction of third-degree criminal sexual conduct (CSC), MCL 750.520d(1)(b), because he contends the offense occurred in "Indian country" as that term is defined in 18 USC 1151. Plaintiff asserts that because he is an enrolled member of the Saginaw Chippewa Tribe, and because the offense occurred within the exterior boundaries of the...

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