· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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