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Justices Say Tribe's Hunting Right Outlasted Wyo. Statehood

Law360 (May 20, 2019, 10:51 AM EDT) -- The U.S. Supreme Court on Monday threw out a Crow Tribe member's state court conviction for crossing state lines to hunt elk in the Bighorn National Forest, ruling that the tribe's treaty right to hunt didn't end when Wyoming became a state.

By a 5-4 vote, the high court vacated a Wyoming appellate court decision upholding Crow Tribe member Clayvin Herrera's conviction for pursuing a pack of elk outside the tribe's Montana reservation and into Wyoming, saying that Herrera's hunting right was still guaranteed by the tribe's 19th century treaty with the federal government.

While Wyoming had argued that Herrera's conviction...

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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

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Supreme Court

Nature of Suit

Date Filed

October 10, 2017

Law Firms

Government Agencies