STATE v. CUNGTION

No. 20-0409.

969 N.W.2d 501 (2022)

STATE of Iowa, Appellee, v. Christopher Lee CUNGTION, Jr., Appellant.

Supreme Court of Iowa.

Filed January 28, 2022.


Attorney(s) appearing for the Case

Martha J. Lucey , State Appellate Defender, and Bradley M. Bender (argued), Assistant Appellate Defender, and Peter Stiefel (until withdrawal), Victor, for appellant.

Thomas J. Miller , Attorney General, and Aaron Rogers (argued), Assistant Attorney General, for appellee.

Sean R. Berry , Acting United States Attorney, Lisa C. Williams , Assistant United States Attorney, and Ann O'Connell Adams (argued), Attorney, U.S. Department of Justice, for amicus curiae United States.

Joshua A. Canterbury , Assistant Attorney General, and Christopher M. Nydle , Lead Prosecutor, for amicus curiae Sac & Fox Tribe of the Mississippi in Iowa.

Oxley, J., delivered the opinion of the court, in which Christensen, C.J., and Appel, Waterman, Mansfield, and McDonald, JJ., joined. McDermott, J., filed a special concurrence.


In 1948, Congress gave the State of Iowa criminal jurisdiction over offenses committed by or against "Indians"1 on the Meskwaki Settlement near Tama. In 2018, Congress took that jurisdiction back. Because Congress's repeal of the state's jurisdiction did not...

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