United States v. Terry Lee Hester

How courts have described this case

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

• holding that Indian status is an exception to statute allowing prosecutions of non-Indians for crimes committed in Indian country against Indians
• recognizing that “the burden of producing evidence” in a § 1152 prosecution on whether a defendant is a non- Indian “is far more manageable for the defendant”
• adding, “Once the defendant properly raises the issue of his Indian status, then the ultimate burden of proof remains, of course, upon the Government.”
• “It is far more manageable for the defendant to shoulder the burden of producing evidence that he is a member of a federally recognized tribe than it is for the Government to produce evidence that he is not a member of any one of the hundreds of such tribes.”
• “It is far more manageable for the defendant to shoulder the burden of producing evidence that he is a member of a federally recognized tribe than it is for the [g]overnment to produce evidence that he is not a member of any one of the hundreds of such tribes.”
• “It is far more manageable for the defendant to shoulder the burden of producing evidence that he is a member of a federally recognized tribe than it is for the [g]overnment to produce evidence that he is not a member of any one of the hundreds of such tribes.”

Source: CourtListener parenthetical corpus (CC0).