Arakawa v. Lower Elwha Klallam Tribe, (2001)

• Court: Lower Elwha Tribal Court of Appeals
• Writing for the Court: NUMKENA, C.J.
• Decision Date: 24 October 2001
• Docket Number: 00-05-0253
• Citation: Arakawa v. Lower Elwha Klallam Tribe (Lower Elwha Tribal Ct. of App. 2001)
• Parties: KENNETH S. ARAKAWA, JR., APPELLANT/DEFENDANT, v. LOWER ELWHA KLALLAM TRIBE, RESPONDENT/PLAINTIFF.

KENNETH S. ARAKAWA, JR., APPELLANT/DEFENDANT, v. LOWER ELWHA KLALLAM TRIBE, RESPONDENT/PLAINTIFF.

No. 00-05-0253

Lower Elwha Tribal Court of Appeals

October 24, 2001

SYLLABUS BY THE COURT

Following a jury trial, trial court convicted Appellant of assault. Appellant challenged trial court's failure to apply state law regarding admissibility of evidence. Court of Appeals holds that tribal code explicitly prohibits use of state and federal rules of evidence in tribal court. Judgment affirmed.

Before: Lawrence Numkena, Chief Justice; Darwin Long Fox Justice; Rose E. Purser, Justice.

OPINION

NUMKENA, C.J.

This matter came before the Lower Elwha Klallam Tribal Court of Appeals pursuant to a Notice of Appeal filed by Appellant Kenneth S. Arakawa, Jr. Appellant appeals from the Lower Elwha Tribal Court Judgment and Sentence, entered pursuant to a jury verdict, finding him guilty of Assault IV.

Prior to deciding whether to accept his appeal for review, this Court of Appeals ordered Appellant to perfect his appeal by filing a more specific statement of his grounds of appeal, as required by Lower Elwha Tribal Code, Title I §VII(C)(2). Appellant's written statement of his grounds for appeal assigns error to the lower court's "refus[al] to apply state law regarding a questions...