“NO” Federal Jurisdiction on Victimless Crime of Cockfighting by Non-Indian Cockfighter in Indian Country

Repost

United States Federal Precedent

REMEMBER: NO Federal Jurisdiction on Victemless Crime of Cockfighting by Non-Indian Cockfighter in Indian Country.

“The only issue is whether there is federal jurisdiction for a victimless crime, perpetrated by a non-Indian in Indian country. This is a question of first impression, but the answer is clear. There is no jurisdiction,” the three-judge panel wrote in their decision. (Source: See 1st Article Below)

Oklahoma State Precedent

REMEMBER: OK State has jurisdiction on Victimless Crime of Cockfighting by Indian Cockfighter in Non-Indian Lands.

“In this case, seeking to create precedent that state courts have no jurisdiction over Indians charged with cockfighting in Indian country, Turner had publicly announced he was organizing a cockfight and was arrested in Cotton County, Oklahoma. Turner was convicted in state court, which determined the cockfight was not on Indian country land.” (Source: See 2nd Article Below)

– Gameness til the End

PS

“Consult a freedom-loving attorney to be sure about your inherent and inalienable rights against the unconstitutional, unjust, and oppressive anti-cockfighting laws.

Remember, cockfighters love chickens. Cockfighters love to fight gamecocks. Cockfighters also love to eat chickens.”

LEGALIZE COCKFIGHTING !

Cockfighting is gamecock farming and sports.

REPEAL COCKFIGHTING BAN !

The last legal cockfight in the Mainland of the United States was on August 2008.

LEGALIZE LIBERTY !

Cockfighting is legal in the Territories of the United States; where it is a booming chicken farming industry as well as chicken sports industry.

PPS

victimless crime is a term used to refer to actions that have been ruled illegal but which are argued not to directly violate or threaten the rights of any other individual. It often involves consensual acts in which one or more persons commit a criminal offence in which no other person is involved. For example, in the United States, current victimless crimes include prostitution, gambling, and illicit drug use. Edwin Schur and Hugo Bedau state in their book Victimless Crimes: Two sides of a Controversy “some of these laws produce secondary crime, and all create new ‘criminals’ many of whom are otherwise law-abiding citizens and people in authority.” This is an issue in many countries, for example in the United States where prison rates keep increasing even though it already has the highest prison population out of any country. The term “victimless crime” is not used in jurisprudence, but is rather used to cast doubt onto the efficacy of past, existing and proposed legislation; or to highlight the unintended consequences of the same. In politics, for example, a lobbyist or an activist might use this word with the implication that the law in question should be abolished. (Source: Wikipedia)

On Indian Land: Appeals court overturns cockfighting conviction

News Published on Wednesday, 13 April 2011 03:47
Written by KRISTI EATON, Associated Press

“The only issue is whether there is federal jurisdiction for a victimless crime, perpetrated by a non-Indian in Indian country. This is a question of first impression, but the answer is clear. There is no jurisdiction,” the three-judge panel wrote in their decision.

OKLAHOMA CITY (AP) – A federal appeals court on Monday overturned the conviction of one of 75 people charged with crimes after a 2006 raid at a cockfight on American Indian land in Oklahoma, finding that the federal government doesn’t have jurisdiction for a victimless crime involving a non-Indian.

The 10th U.S. Circuit Court of Appeals in Denver made the ruling in favor of Robert Langford of Wichita Falls, Texas. States have jurisdiction over crimes on Indian land if neither an Indian victim nor Indian perpetrator is involved, according to the decision.

“The only issue is whether there is federal jurisdiction for a victimless crime, perpetrated by a non-Indian in Indian country. This is a question of first impression, but the answer is clear. There is no jurisdiction,” the three-judge panel wrote in their decision.

Langford’s Denver-based attorney, Howard Pincus, said he would not comment on the decision and a phone number listed for Langford was disconnected.

About 75 people were charged with various cockfighting offenses during the raid at the T.F.C. Cockfighting Facility south of Carnegie. The raid involved agents from the FBI, the Bureau of Indian Affairs, Immigrations and Customs Enforcement, the U.S. Department of Agriculture and the Oklahoma Highway Patrol.

Between five and seven of the people cited were American Indians, according to documents.

In 2007, Sheldon Sperling, then-U.S. attorney for the Eastern District of Oklahoma, said 70 people had been prosecuted in federal court for attending the cockfight, and 11 of the 70 also were also charged with transporting animals for participating in an animal fighting venture. Most of the 70 people entered guilty pleas and were fined $300 to $600. Fifteen illegal immigrants were taken into custody and deported shortly after.

“Federal law outlaws animal fighting, whether or not the fight is held on Indian Country,” Sperling said at the time. “Oklahoma’s anti-cockfighting law is applicable in Indian country and game fowl enthusiasts should know that tribal lands offer no ‘safe haven’ for animal fighting anywhere in the state of Oklahoma.”

Linda Epperley, U.S. attorney for Oklahoma’s Eastern District, was not available for comment Monday.

In 2002, Oklahoma voters approved a law that made holding a cockfight a felony while those in attendance could be charged with a misdemeanor.

Cockfighting Tested in Indian Country

Carol Berry
June 25, 2012
Indian Country Today MEDIA NETWORK

A Kiowa Tribe member unsuccessfully challenged enforcement of Oklahoma’s anti-cockfighting statute on Indian country land when the U.S. 10thCircuit Court of Appeals said June 19 that it lacked jurisdiction over the matter.

Michael C. Turner’s lawsuit was intended to be the third in a series of test cases challenging Oklahoma’s anti-cockfighting statute, according to the 10thCircuit, which termed Turner a “diehard cockfighting enthusiast.”

The two preceding test cases had found that federal courts lack jurisdiction to prosecute non-Indians charged with cockfighting in Indian country.

In this case, seeking to create precedent that state courts have no jurisdiction over Indians charged with cockfighting in Indian country, Turner had publicly announced he was organizing a cockfight and was arrested in Cotton County, Oklahoma. Turner was convicted in state court, which determined the cockfight was not on Indian country land.

Turner, acting as a member and on behalf of the Kiowa Tribe, sued Ronald O. McGee, Appellate Judge in the [Secretary of the Interior-empowered] Court of Indian Offenses for the Kiowa Tribe and three other officials of that court for failing to find that the cockfight was on Indian country land and to halt state prosecution.

The U.S. District Court for the Western District of Oklahoma dismissed the charges because it concluded the judges were entitled to sovereign immunity as tribal officials.

The 10thCircuit affirmed the district court’s dismissal, but on grounds that Turner could not establish a remedy through the court to undermine his conviction and as a result he lacked standing to pursue his lawsuit.

Further, the Court of Indian Offenses may not have had the power to affect his state court condition, because Oklahoma state courts accept tribal judgments only “where the tribal court that issued the judgment grants reciprocity to judgments of the state of Oklahoma” and there is no reciprocity agreement, the appeals court said.

“We recognize the interest that Turner and the Kiowa Tribe have in establishing precedent on the enforcement of the Oklahoma statute in Indian country,” the court said, but affirmed the district court’s lack of jurisdiction.




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