[DOWNLOAD] "State Utah v. Robert Hagen" by Supreme Court Of Utah ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Utah v. Robert Hagen
- Author : Supreme Court Of Utah
- Release Date : January 17, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
On Certiorari to the Utah Court of Appeals DURHAM, Justice : Defendant Robert Hagen pleaded guilty in Eighth District Court to distributing a controlled substance, a third degree felony
under Utah Code Ann. § 58-37-8(1)(b)(ii) (Supp. 1991). The plea affidavit stated that defendant sold marijuana from
his residence in Myton, Duchesne County, Utah. Prior to sentencing, defendant moved to arrest judgment and to withdraw his
guilty plea. In his motion, he challenged the court's jurisdiction on the basis that he was an Indian and his alleged crime
occurred in Indian country, the Uintah-Ouray Reservation, and was thus not subject to state court jurisdiction. Federal law
provides for exclusive federal jurisdiction over a defendant who is an American Indian and who commits a criminal offense
in Indian country. 1 18 U.S.C. §§ 1152, 1153 (1988). The court denied the motion. Defendant subsequently
appealed the conviction to the Utah Court of Appeals. The court of appeals reversed defendant's conviction, holding that a
1985 Tenth Circuit decision had conclusively determined that Myton was in Indian country and holding that the State had failed
to meet its burden of disproving defendant's personal Indian status. We issued a writ of certiorari to review the decision
of the court of appeals.