Dickson v. Carmen
| Decision Date | 29 September 1959 |
| Docket Number | No. 16185.,16185. |
| Citation | 270 F.2d 809 |
| Parties | Fred M. DICKSON, Warden of the California State Prison at San Quentin, California, Appellant, v. Rayna Tom CARMEN, Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Stanley Mosk, Atty. Gen., Clarence A. Linn, Asst. Atty. Gen., Arlo E. Smith, Deputy Atty. Gen., State of California, for appellant.
Leonard J. Bloom, San Francisco, Cal., Mason A. Bailey, Madera, Cal., for appellee.
Before HEALY, BAZELON,* and BARNES, Circuit Judges.
This case is here on appeal from a decision of Chief Judge Goodman of the District Court on petition for the writ of habeas corpus, 165 F.Supp. 942.
The petitioner is an Indian. In 1950 he was convicted by a California Superior Court of the murder of one Dan McSwain, also an Indian. The crime was committed on land which was at the time allotted to Indians from the public domain and held in trust for the Indians by the federal government.
The exhaustive opinion of Judge Goodman leaves nothing to be added, and his judgment is affirmed. D.C.Cal., 165 F. Supp. 942.
* District of Columbia Circuit, sitting by special designation.
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United States v. John John v. Mississippi
...324 U.S. 786, 65 S.Ct. 989, 89 L.Ed. 1367 (1945); In re Carmen's Petition, 165 F.Supp. 942 (N.D.Cal.1958), aff'd sub. nom. Dickson v. Carmen, 270 F.2d 809 (CA9 1959), cert. denied, 361 U.S. 934, 80 S.Ct. 375, 4 L.Ed.2d 355 The State argues, however, that the Federal Government has no power ......
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U.S. v. Bruce
...subject to the Major Crimes Act as he is an Indian by blood and enrolled as a member of the Mono tribe), aff'd sub nom. Dickson v. Carmen, 270 F.2d 809 (9th Cir.1959); see also Halbert v. United States, 283 U.S. 753, 762-63, 51 S.Ct. 615, 75 L.Ed. 1389 (1931) (noting the general rule that t......
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Confederated Bands and Tribes of Yakima Indian Nation v. State of Wash., 74-1225
...States v. Cleveland (9th Cir.1974) 503 F.2d 1067; In re Carmen's Petition (N.D.Cal.1958) 165 F.Supp. 942, aff'd sub nom. Dickson v. Carmen (9th Cir.1959) 270 F.2d 809; Davis, "Criminal Jurisdiction over Indian Country in Arizona," 1 Ariz.L.Rev. 62 (1959); Goldberg, supra note 18, at 541.20 ......
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U.S. v. Antelope, s. 74-2741
...not lessen the protection of this guardianship. In re Carmen's Petition, 165 F.Supp. 942 (N.D.Cal.1958), Aff'd sub nom., Dickson v. Carmen, 270 F.2d 809 (CA9 1959), Cert. denied, 361 U.S. 934, 80 S.Ct. 375, 4 L.Ed.2d 355 (1960). Beyond doubt, as was held in United States v. Thomas, 151 U.S.......