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TURNER v. McGEE

No. 10-6031.

681 F.3d 1215 (2012)

Michael C. TURNER, as a member and on behalf of the Kiowa Tribe, Plaintiff-Appellant, v. Ronald O. McGEE, acting in his individual capacity as Appellate Judge in the Court of Indian Offenses; Steven Parker, acting in his individual capacity as Appellate Judge in the Court of Indian Offenses; Rebecca Cryer, acting in her individual capacity as Appellate Judge in the Court of Indian Offenses; Phil Lujan, Magistrate Judge in the Court of Indian Offenses for the Kiowa Tribe of Anadarko, Oklahoma, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 19, 2012.

Attorney(s) appearing for the Case

Kendyl T. Hanks ( Stephen W. Hanks , The Hanks Law Firm, Arroyo Seco, NM, and Sharon N. Freytag and Alan Wright , Haynes and Boone, LLP, Dallas, TX, with him on the briefs), Susman Godfrey, New York, NY, for the Plaintiff-Appellant.

Suzanne Mitchell ( Sanford C. Coats and R.D. Evans, Jr. , with her on the briefs), Office of the United States Attorney, Western District of Oklahoma, Oklahoma City, OK, for the Defendants-Appellees.

Before LUCERO, HARTZ, and O'BRIEN, Circuit Judges.

LUCERO, Circuit Judge.

Michael Turner, a member of the Kiowa Tribe, was charged by Oklahoma state authorities with instituting or encouraging cockfighting. The state court rejected Turner's argument that the crime took place in Indian Country as defined under 18 U.S.C. § 1151. While state prosecution was ongoing, Turner requested that the Court of Indian Offenses for the Kiowa Tribe enjoin the state proceeding. That court dismissed for lack of subject matter...

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