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STATE v. FELLEGY

No. A11-1097.

819 N.W.2d 700 (2012)

STATE of Minnesota, Respondent, v. Stephen John FELLEGY, Appellant.

Court of Appeals of Minnesota.

July 11, 2012.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN, and James P. Ratz , Aitkin County Attorney, Benjamin M. Smith , Assistant County Attorney, Aitkin, MN, for respondent.

Erick G. Kaardal , Mohrman & Kaardal, P.A., Minneapolis, MN, for appellant.

Considered and decided by WRIGHT, Presiding Judge; ROSS, Judge; and WILLIS, Judge.

OPINION

ROSS, Judge.

Stephen Fellegy caught a walleye out of season protesting what he views to be the state's unjust, favorable treatment of Ojibwe, the Native Americans whose treaty rights exempt them from prosecution for violating the state's fishing restrictions on Lake Mille Lacs. The state charged Fellegy, who is not Ojibwe, for his violation. Before trial, Fellegy challenged the charge as unconstitutional...

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