PEOPLE v. CASWELL

No. 353537.

969 N.W.2d 538 (2021)

336 Mich. App. 59

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Walter Joseph CASWELL, Defendant-Appellant.

Court of Appeals of Michigan.

Decided February 11, 2021, 9:15 a.m.


Attorney(s) appearing for the Case

J. Stuart Spencer , Prosecuting Attorney, and Zackary A. Sylvain , Assistant Prosecuting Attorney, for the people.

Stephen A. Cooley, J.D. PLLC (by Stephen A. Cooley ) for defendant.

Courtney A. Kachur and Morisset Schlosser Jozwiak & Somerville (by Mason D. Morisset ) for the Sault Ste. Marie Tribe of Chippewa Indians, Amici Curiae.

Dana Nessel , Attorney General, Fadwa A. Hammoud , Solicitor General, and Kelly M. Drake , Assistant Attorney General, for the Department of Natural Resources, Amici Curiae.

Before: Beckering, P.J., and Sawyer and Shapiro, JJ.


Defendant, Walter Joseph Caswell, is a member of the Mackinac Tribe of Odawa and Ojibwa Indians (the Mackinac Tribe). In October 2018, a Department of Natural Resources (DNR) conservation officer cited defendant for spear fishing in a closed stream in violation of MCL 324.48715 and MCL 324.48711...

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