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STATE v. JIM

No. 84716-9.

273 P.3d 434 (2012)

173 Wash.2d 672

STATE of Washington, Petitioner, v. Lester Ray JIM, Respondent.

Supreme Court of Washington, En Banc.

Decided February 9, 2012.

Attorney(s) appearing for the Case

Michael S. Grossmann , Joseph Vincent Panesko , Attorney General's Office, Olympia, WA, for Petitioner.

Thomas Andrew Zeilman , Law Offices of Thomas Zeilman, Yakima, WA, for Respondent.

Julio Vicente Alfons Carranza , Yakama Nation Office of Legal Counsel, Toppenish, WA, amicus counsel for Confederated Tribes and Bands of the Yakama Nation.

Matthew Brent Leonhard , CTUIR Department of Justice, Pendleton, OR, amicus counsel for Tribes of the Umatilla Indian Reservation.

John William Ogan , Karnopp Petersen, LLP, Bend, OR, amicus counsel for Confederated Tribes of the Warm Springs Reservation of Oregon.

Julie Sobotta Kane , David J. Cummings , Nez Perce Tribe Legal Counsel, Lapwai, ID, amicus counsel for Nez Perce Tribe.

OWENS, J.

¶ 1 Lester Ray Jim, an enrolled member of the Yakama Nation, was cited by the State for unlawfully retaining undersized sturgeon. This occurred at the Maryhill Treaty Fishing Access Site (Maryhill), a plot of land set aside by Congress exclusively for the use of four Columbia River tribes to exercise their treaty fishing rights. The State argues it has rightfully assumed criminal jurisdiction at Maryhill. We disagree. We hold that Maryhill is reserved...

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