Title: United States v. Lara - Wikipedia
Headings: United States v. Lara
United States v. Lara
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Contents
Background
History
Major Crimes Act
Duro v. Reina
Arrest
Procedural history
Trial courts
Court of Appeals
Supreme Court
Arguments
United States
Lara
Opinion of the Court
Concurrences
Justice Stevens
Justice Kennedy
Justice Thomas
Dissent
Subsequent developments
Release of Lara
Law reviews
Books and media
See also
Notes
References
Further reading
External links

Content: Lara moved to dismiss the charge based on double jeopardy and other constitutional grounds. The Federal District Court, with Magistrate Judge Alice R. Senechal sitting by consent, denied the motions and Lara entered a conditional guilty plea, reserving the right to appeal. Senechal noted that two other trial courts in the circuit had already ruled that double jeopardy did not apply, that the ICRA only recognized the inherent sovereignty of the tribes and did not delegate prosecutorial power to the tribe. She further noted that another circuit court had ruled the same way. Lara also argued that the Petite doctrine, if applied, would preclude his prosecution, and that since it was never applied to federal prosecutions following convictions in tribal court, it discriminated against Indians. Senechal denied this motion, noting that Lara had shown no examples of other races not being prosecuted for like offenses. Court of Appeals
Lara appealed the denial of his motion to dismiss to the Eighth Circuit Court of Appeals, arguing that the Tribal Court obtained its authority from the ICRA, an act of Congress, and that both the Tribal Court and the Federal Court derived their power from the same sovereign. A three-judge panel of the Circuit Court affirmed the decision of the District Court, holding that the tribe derived its power from its own retained sovereignty that was separate from the sovereignty of the United States. The Eighth Circuit's panel noted that in the Duro decision, the Supreme Court had observed that Congress could address the jurisdictional system, which Congress did. When Congress amended the ICRA, they were addressing a federal common law issue, not a constitutional issue, and were within their authority to recognize the sovereignty of the tribes.