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Jurisdiction

Last updated February 16, 2010

General Rules of Indian Country Criminal Jurisdiction Apply, No State Jurisdiction

Nevada assumed optional jurisdiction under Public Law 280 in 1967, amending the provision a few years later to require tribal consent.  Nev. Rev. Stat. § 41.430. See also Chapter 601, Statutes of Nevada (1973). A 1973 amendment provided for retrocession except for those tribes already subject to the Act which consented to continued state jurisdiction.  No tribes requested continuation of state jurisdiction. In 1975, retrocession was accepted for 15 tribes that had been subjected to state jurisdiction under Public Law 280. 40 Fed. Reg. 27,501 (1975).  In 1988, retrocession was offered and accepted for the Ely Colony. 53 F. Reg. 5837 (1988). At present, Nevada does not exercise any jurisdiction under Public Law 280.

Legislation

No current Public Law 280 or similar legislation

Case Law

Nevada v. Hicks, 533 U.S. 353 (2001)

Washoe Tribe of Nev. & Cal. v. Southwest Gas Corp., 2000 U.S. Dist. LEXIS 7087  (D. Nev. 2000)

Snooks v. District Court, 112 Nev. 798, 919 P.2d 1064 (1996)

Amarok Corp. v. Nevada, Dep't of Taxation, 935 F.2d 1068 (9th Cir. 1991)

Adams v. Adams, 107 Nev. 790, 820 P.2d 752 (1991)

Patterson v. Four Rent, Inc., 101 Nev. 651, 707 P.2d 1147 (1985)

Jones v. State, 94 Nev. 679, 585 P.2d 1340 (1978)

State v. Jones, 92 Nev. 116, 546 P.2d 235 (1976)

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