(Source: MIRS.news, Published 09/27/2022) The Michigan Supreme Court has declined to hear an appeal that could have answered whether the state has jurisdiction to criminally prosecute tribal citizens for crimes committed on tribal land.
The court's majority said it is not persuaded to hear an appeal in People v. Lucus William Covey.
Justice Megan Cavanagh dissented, writing that denying the application "abdicates our responsibility to decide an issue of critical importance to our state."
"Whether and when tribes may prosecute crimes committed by and against their tribal citizens is fundamental to the state's recognition of tribes as equal sovereigns," the Justice wrote, noting the case also has implications for the Indian Child Welfare Act, which gives tribal courts exclusive jurisdiction over Indian children.
Covey, 37, who is a member of the Little Traverse Bay Bands of Odawa Indians, was criminally charged for allegedly popping the tire on the victim's riding lawn mower and breaking the victim's personal belongings, including a laptop, radio, television and fan in August 2019. He also held an impact wrench loaded with large drill bits at the victim's head, pulled the trigger and threatened to kill her.
The following month, Covey pleaded guilty in Emmet County Circuit Court to malicious destruction of property (MDOP) between $1,000 and $20,000 and felonious assault. He was sentenced in September 2019 to five years to seven and a half years for the MDOP and no more than six years on the assault charge.
On appeal, Covey argues the trial court lacked jurisdiction because he is a member of the Tribe, and the crime occurred on tribal lands.
However, the prosecution argued that the land where the assault occurred is not Indian country.
The Tribe filed a separate federal lawsuit claiming the 1855 Treaty of Detroit established its 337-square-mile reservation on those lands that now include Petoskey, Charlevoix and Harbor Springs.
But a Michigan district court judge rejected its arguments and the U.S. Sixth Circuit Court of Appeals affirmed. The U.S. Supreme Court denied an attempt to have it take up the matter.
