Cited by
Opinions in Minnesota that cite State v. Stone, 572 N.W.2d 725.
- State of Minnesota v. Todd Jeremy Thompson Minn. Ct. App. 2026
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State of Minnesota v. Todd Jeremy Thompson
Minn. Ct. App. 2026
“This sovereignty is ‘dependent on, and subordinate to, only the Federal Government, not the States.’” (quoting Cabazon, 480 U.S. 4 at 207).
- Nathan Alexander Jefferson v. Drew Evans Minn. Ct. App. 2024
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Nathan Alexander Jefferson v. Drew Evans
Minn. Ct. App. 2024
However, in Jones, this court concluded that the registration statute was punitive for the purpose of the Cabazon/Stone test (see California v. Cabazon Band of Mission Indians, 480 U.S. 202, 209 (1987); ), which distinguished from the analysis in Boutin (see Jones, d at 9-11; (distinguishing this court’s conclusion in Jones from Boutin)).
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Irv’s Boomin’ Fireworks, LLC, et al., Appellants,
Minn. Ct. App. 2022
Public Law 280 is a federal statute granting Minnesota , among other states, “broad criminal and limited civil jurisdiction over all Indian country within the state, with the exception of Red Lake Reservation.” State v. Stone
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John Steven Martin,
Minn. 2022
(“In Public Law 280, Congress granted Mi nnesota broad criminal .
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“The Supreme Court has consistently recognized that Indian tribes retain attributes of sovereignty over both their members and their territory.” State v. Stone , d 725, 728 (Minn. 1997) (quotation omitted).
- Margaret Campbell, Respondent, Minn. Ct. App. 2020
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In re: the Petition of A. M. G. and J. L. G. to Adopt C. A. R., L. …
Minn. Ct. App. 2020
See State v. Stone , (“The Supreme Court has consistently recognized that Indian tribes retain ‘attributes of sovereignty over both their members and their territory.’” (quoting California v. Cabazon Band of Mis sion Indians, 480 U.S. 202, 207, 107 S. Ct. 1083, 1087 (1987))).
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State of Minnesota, Respondent, vs. Raymond Joseph Bellcourt, Appellant.
Minn. Ct. App. 2019
See State v. Busse , , 82-88 (Minn. 2002) (concluding that state had 14 jurisdiction under Public Law 280 to prosecute White Earth member for offense of driving after cancellation as inimical to public safety); -31 (Minn. 1997) (concluding that state did not have jurisdiction under Public Law 280 to prosecute White Earth members for driving-related offenses that are “civil/regulatory,” not “criminal/prohibitory”).
- State v. Thompson 929 N.W.2d 21 Minn. Ct. App. 2019
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State v. Thompson
929 N.W.2d 21
Minn. Ct. App. 2019
See Nevada v. Hicks , 533 U.S. 353 , 365, 121 S. Ct. 2304 , 2313, 150 L.Ed.2d 398 (2001) ; In re Civil Commitment of Johnson , , 139 (Minn. 2011) ; State v. Jones , , 4-5 (Minn. 2007) ; State v. Stone , , 728 (Minn. 1997).
- State v. LaFountain 901 N.W.2d 441 Minn. Ct. App. 2017
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State v. LaFountain
901 N.W.2d 441
Minn. Ct. App. 2017
The Cabazon/Stone test requires evaluating whether a law’s intent is " ‘generally to prohibit certain conduct,’ ’’ in which case it is *449 criminal/prohibitory, or whether the law " ‘generally permits the conduct at issue,’ subject to regulation,’ ” in which case it is “ 'civil/regulatory.’” (quoting California v. Cabazon Band of Mission Indians, 480 U.S. 202, 209 , 107 S.Ct.
- State of Minnesota v. Tressa Lee Bissonette Minn. Ct. App. 2016
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State of Minnesota v. Tressa Lee Bissonette
Minn. Ct. App. 2016
To ascertain whether a statute is within Public Law 280’s express grant of jurisdiction, courts must determine whether the statute is “criminal/prohibitory” or “civil/regulatory.” California v. Cabazon Band of Mission Indians, 480 U.S. 202, 209-10, 107 S. Ct. 1083, 1088-89 (1987) (quotation marks omitted); (applying the Cabazon test).
- Dukowitz v. Hannon Security Services 841 N.W.2d 147 Minn. 2014
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Dukowitz v. Hannon Security Services
841 N.W.2d 147
Minn. 2014
After all, “all laws implicate some public policy,” and we can hardly enunciate a rule that says that we know an actionable public-policy violation when we see it, cf. Jacobellis v. Ohio, 378 U.S. 184, 197 , 84 S.Ct.
- In re the Civil Commitment of Johnson 800 N.W.2d 134 Minn. 2011
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In re the Civil Commitment of Johnson
800 N.W.2d 134
Minn. 2011
The Supreme Court “has consistently recognized that Indian tribes retain ‘attributes of sovereignty over both their members and their territory.’ ” (quoting California v. Cabazon Band of Mission Indians, 480 U.S. 202, 207 , 107 S.Ct.
- In Re the Civil Commitment of Johnson 782 N.W.2d 274 Minn. Ct. App. 2010
- In Re the Civil Commitment of Johnson 782 N.W.2d 274 Minn. Ct. App. 2010
- State v. Davis 773 N.W.2d 66 Minn. 2009
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State v. Davis
773 N.W.2d 66
Minn. 2009
Based on this background of federal Indian law, whether speeding and failure to provide proof of insurance were criminal or civil/regulatory offenses.
- State v. Roy 761 N.W.2d 883 Minn. Ct. App. 2009
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State v. Roy
761 N.W.2d 883
Minn. Ct. App. 2009
“State court jurisdiction over matters involving Indians is governed by federal statute or case law.”
- State v. Losh 755 N.W.2d 736 Minn. 2008
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State v. Losh
755 N.W.2d 736
Minn. 2008
we considered whether the State had jurisdiction to enforce certain traffic and driving-related laws against members of the White Earth Band for conduct on the reservation.
- Morgan v. 2000 Volkswagen, License No. 279, Vin 3VWRA29M2YM125643 754 N.W.2d 587 Minn. Ct. App. 2008
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Morgan v. 2000 Volkswagen, License No. 279, Vin 3VWRA29M2YM125643
754 N.W.2d 587
Minn. Ct. App. 2008
the supreme court adopted the analytical framework approved by the United States Supreme Court in California v. Cabazon Band of Mission Indians, 480 U.S. 202 , 107 S.Ct.
- State v. Losh 739 N.W.2d 730 Minn. Ct. App. 2007
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State v. Losh
739 N.W.2d 730
Minn. Ct. App. 2007
1083, 1091 , 94 L.Ed.2d 244 (1987); R.M.H., d at 58 ; (“[I]t is established that state laws may be applied to tribal Indians on their reservations if Congress has expressly so provided.”).
- In Re the Civil Commitment of Beaulieu 737 N.W.2d 231 Minn. Ct. App. 2007
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In Re the Civil Commitment of Beaulieu
737 N.W.2d 231
Minn. Ct. App. 2007
“State court jurisdiction over matters involving Indians is governed by federal statute or case law.”
- State v. Jones 729 N.W.2d 1 Minn. 2007
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Explained
State v. Jones
729 N.W.2d 1
Minn. 2007
728 & 728 n. 3 (Minn.1997).
- State v. Jones 700 N.W.2d 556 Minn. Ct. App. 2005
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State v. Jones
700 N.W.2d 556
Minn. Ct. App. 2005
In State v. Stone, the Minnesota Supreme Court made it clear that “[i]n order for a state law to be fully applicable to a reservation under the authority of Public Law 280, it must be a criminal law.” (citing Cabazon, 480 U.S. at 208 , 107 S.Ct.
- State v. Manypenny 682 N.W.2d 143 Minn. 2004
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State v. Manypenny
682 N.W.2d 143
Minn. 2004
(citing Gavle v. Little Six, Inc., ).
- State v. LaRose 673 N.W.2d 157 Minn. Ct. App. 2004
- State v. LaRose 673 N.W.2d 157 Minn. Ct. App. 2004
- State v. Manypenny 662 N.W.2d 183 Minn. Ct. App. 2003
- State v. Manypenny 662 N.W.2d 183 Minn. Ct. App. 2003
- State v. Busse 644 N.W.2d 79 Minn. 2002
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State v. Busse
644 N.W.2d 79
Minn. 2002
Id., at 58-59 () (internal quotations and citations removed).
- Lemke Ex Rel. Teta v. Brooks 614 N.W.2d 242 Minn. Ct. App. 2000
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Lemke Ex Rel. Teta v. Brooks
614 N.W.2d 242
Minn. Ct. App. 2000
the state may not assume jurisdiction.
- State v. Busse 616 N.W.2d 760 Minn. Ct. App. 2000
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State v. Busse
616 N.W.2d 760
Minn. Ct. App. 2000
1083, 1087 , 94 L.Ed.2d 244 *762 (1987)