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· 9/22/2023

State v. Kokavec

Citations

  • 2023 Ohio 3420

Syllabus

CERTIFICATION – App.R. 25(A) Ohio Constitution, Article IV, Section 3(B)(4) this court's decision is not in conflict with the decision cited by Appellant from the Twelfth District Court of Appeals Appellant's motion to certify a conflict is overruled.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a tribal court’s determination of its jurisdiction may be challenged in district court
  • holding that tribal court remedies are deemed exhausted upon appellate review within the tribal court system
  • holding that federal policy supporting tribal self-government “directs a federal court to stay its hand in order to give the tribal court a ‘full opportunity to determine its own jurisdiction’”
  • stating that “[exhaustion is required as a matter of comity, not as a jurisdictional prerequisite”
  • noting that the tribal appellate courts should initially be permitted to review the tribal trial court’s rulings
  • observing that under the Fourteenth Amendment native Americans are citizens of the states in which they reside

Source: CourtListener parenthetical corpus (CC0).

Judges: Per Curiam

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.