State v. Vandever

2013 NMCA 2, 2013 NMCA 002, 3 N.M. 142
CourtNew Mexico Court of Appeals
DecidedAugust 9, 2012
Docket33,802; Docket 30,842
StatusPublished
Cited by7 cases

This text of 2013 NMCA 2 (State v. Vandever) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Vandever, 2013 NMCA 2, 2013 NMCA 002, 3 N.M. 142 (N.M. Ct. App. 2012).

Opinion

OPINION

WECHSLER, Judge.

{1} D efendant M ilroy Vandever was invo lved in an automobile accident in the checkerboard area of western New Mexico; a highway worker was killed. Defendant filed a motion to dismiss, contending that the district court lacked jurisdiction because he is an enrolled member of the Navajo Nation and the accident occurred in Indian country. The district court denied the motion, and Defendant pled guilty to homicide by vehicle, driving while under the influence of intoxicating liquor or drugs (DWI), and knowingly leaving the scene of an accident involving great bodily harm or death. We affirm the decision of the district court denying the motion to dismiss because Defendant did not meet his burden of establishing that the accident occurred in Indian country.

I. BACKGROUND

{2} Defendant, while driving under the influence of alcohol, struck and killed a highway worker. He continued driving and was eventually stopped by police. The arresting officer smelled a strong odor of alcohol on Defendant, and Defendant admitted drinking a six-pack of beer. A blood test revealed a blood alcohol level of .19.

{3} Defendant was charged with aggravated DWI, homicide by vehicle, and knowingly leaving the scene of an accident. Defendant filed a motion to dismiss the case based on lack of jurisdiction and later filed supplemental briefs in support of the motion. Following a hearing, the district court denied the motion. Defendant then entered a conditional plea of guilty, the district court entered its judgment and sentence, and Defendant filed this appeal. In his plea agreement, Defendant reserved the right to appeal the district court’s decision denying his motion to dismiss.

II. JURISDICTION OF THE DISTRICT COURT

{4} Generally, under the Indian Country Crimes Act, 18 U.S.C. §§ 1151 to -70 (1948, as amended through 2010), “a state does not have jurisdiction over crimes committed by an Indian in Indian country.” State v. Frank, 2002-NMSC-026, ¶ 12, 132 N.M. 544, 52 P.3d 404. The State does not dispute that Defendant is an enrolled member of the Navajo Nation. According to Defendant, the accident occurred within Indian country for purposes of criminal jurisdiction based on all three definitions of Indian country delineated in 18 U.S.C. § 1151.

{5} Specifically, Defendant claims that the land is historically, by treaty, within the boundaries of the Navajo Nation (we intend “Navajo Nation” to include reference to the area designated by Congress as “reservation”); the land is the location of a dependent Indian community; and the land is part of an Indian allotment. The State counters that, regardless of the historical physical or exterior boundaries of the Navajo Nation, the accident did not occur within the current exterior boundaries, and the land is not included in any dependent Indian community or any Indian allotment on the date of the accident.

A. Standard of Review

{6} In our review, we defer to the district court’s findings of fact that are supported by substantial evidence and review de novo the district court’s interpretation of the Indian Country Crimes Act as a question of law. State v. Romero, 2006-NMSC-039, ¶ 6, 140 N.M. 299, 142 P.3d 887. As the party who challenged the jurisdiction of the district court, Defendant has the burden of demonstrating a lack of jurisdiction. State v. Begay, 105 N.M. 498, 499, 734 P.2d 278, 279 (Ct. App. 1987); State v. Cutnose, 87 N.M. 307, 309, 532 P.2d 896, 898 (Ct. App. 1974).

B. Location of Accident

{7} The accident occurred on the eastbound exit ramp at the intersection of State Highway 412 and 1-40 at mile marker 63. The parties agree that the Navajo Nation owns this land in fee simple and uses it as “chapter land” for its Baca Chapter. A chapter is a political subdivision of the Navajo Nation. See Hydro Res., Inc. v. U.S. Envtl. Prot. Agency, 608 F.3d 1131, 1137 n.3 (10th Cir. 2010) (stating that “Church Rock Chapter was first established ... by the United States as a subdivision oftheNavajo Nation government” (internal quotation marks and citation omitted)).

{8} Defendant’s expert witness in the establishment of land status and jurisdiction in McKinley County, Tim Larsen, an employee of the McKinley County Geographic Information System, testified that chapter land is land set aside for a chapter to develop. The State’s expert witness, Chad Begaye, a geographical system technician for the Navajo Nation, explained that the Navajo Nation considers chapter land to be fee land under its control. Begaye testified that the Navajo Nation pays county property taxes on the B aca Chapter land. He stated that there is no difference between chapter land and fee land and that the Baca Chapter house is located on fee land. Begaye added that the Navajo Nation pays county property taxes on all chapter and fee land.

{9} Based on the evidence presented in the district court, we conclude that the accident occurred on fee land owned by the Navajo Nation, land on which the Baca Chapter house is located. We must thus determine whether Defendant met his burden of showing that the crimes occurred in Indian country so as to bar state district court jurisdiction.

C. Indian Country

{10} The Indian Country Crimes Act defines “Indian country” as

(a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

18 U.S.C. § 1151.

1. Reservation

{11} Defendant claims that the accident occurred within the “traditional/historical” boundaries of the Navajo Nation as established by the 1868 treaty between the Navajo Nation and the United States. Defendant did not produce a map or other document to support this claim. Defendant’s expert witness, Larsen, provided contradictory testimony, stating that the area identified as Navajo Nation land on a map of the area including the accident site fell within the traditional boundaries of the Navajo Nation from the 1868 treaty but, also, that the land in question does not fall under federal supervision.

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Cite This Page — Counsel Stack

Bluebook (online)
2013 NMCA 2, 2013 NMCA 002, 3 N.M. 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-vandever-nmctapp-2012.