Subscribe in a reader

ISSAQUAH LAW GROUP - PERSONAL INJURY LITIGATION LAWYERS

Issaquah Law Group - Personal Injury Litigation Attorneys

TRUST: Personal injuries are personal. Which is why the attorneys at ILG treat every client and every case differently. Because they are different, and extremely personal. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built on trust. Trust that you will be heard. Trust that you will be protected. Trust that every effort will be made to see justice done in your case. The singular goal of every ILG attorney is to earn and preserve that trust.

EXPERIENCE: ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals and we bring this experience to bear on behalf of our clients in personal injury and wrongful death claims arising out of motor vehicle accidents, bus versus pedestrian accidents, defective and dangerous products, medical malpractice, slip/trip and fall accidents, and catastrophic losses due to fire.

LOCATION: We are located on the Eastside in Issaquah, convenient to Bellevue, Redmond, Kirkland, Renton, Sammamish and North Bend. However, we provide legal services in King County, Pierce County, Snohomish County and throughout the entire state of Washington.

In addition, through The Amateur Law Professor Blog and LinkedIn postings, we share pertinent opinions and decisions of the Washington State Supreme Court, as well as the pertinent opinions and decisions of the Washington State Courts of Appeal so that our clients can be as update to date on cutting legal issues as we are.

WA Legal Roundup - WA State Supreme Court: Cigs on Trust Land Outside Res? State Juris. to raid untaxed cigs.

State v. Comenout

Really, that's all that's to it really. Comenout was operating a smoke shop on trust land outside the res. The cigs didn't have tribal or state tax stamps. 37,000 cartons in the store. Under an agreement, smoke shops in Indian Country to be licensed by the tribe.

This case presents two primary issues. The first is: does the State of Washington have criminal jurisdiction over tribal members selling unstamped cigarettes from an unlicensed store located on trust allotment property lying outside the borders of an Indian reservation?

Now, I'm calling out the clerk here. Never present a roadmap to your decision without providing all parts of the roadmap. A better read would be as follows:

This case presents two primary issues. First, does the State of Washington have criminal jurisdiction over tribal members selling unstamped cigarettes from an unlicensed store located on trust allotment properly lying outside the borders of an Indian Reservation? Second, are the Comenouts whether the Comenouts are exempt from the state cigarette tax as "Indian retailers"? We answer the first in the affirmative, and the second in the negative.

Then move on to your breakdown of each. My legal writing nerdacity is really showing here. I wrote this without checking who wrote the majority. Justice Alexander. Don't know his clerks, and I apologize if this offends you. You can ask Laura, I'm actually a really nice guy. But she will verify, ima nerd.

Moving on to the opinion, Washington State established criminal jurisdiction of Indian Country outside of reservations. State v. Cooper, 130 Wn.2d 770, 928 P.2d 406 (1996), controls, and the facts are pretty similar. So yes, the State does have jurisdiction here.

As to the tax, the contract with their tribe supersedes the general provisions of the statute (as per another statute saying so). RCW 82.24.020(5), if you care to look. Their contract says an Indian Retailer has to be licensed by the tribe, which this one was not. Thus, you're not an Indian Retailer. 9-0, with Judge Cox sitting in Pro Tem for J. Johnson.

Subscribe in a reader

Copyright 2014-2018 by Issaquah Law Group, PLLC. Powered by Squarespace. Background image by jakeliefer.