Beardslee v. United States’s Empirical Analysis
541 F.2d 705 · 1976
Citation profile
6 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 11 later decisions — most recently April 1996
6 federal appellate · 2 district · 2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 1151 (Indian Crimes Act of 1976) · 18 U.S.C. § 1153 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on DeCoteau v. District County Court for the Tenth Judicial District · Pierson v. Ray · United States v. Bob Celestine · Bartlett v. United States · Rosebud Sioux Tribe v. Kneip
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Indian conduct in DeCoteau did occur on non-Indian, unallotted land within the 1867 reservation boundaries. DeCoteau v. District County Court, supra, 420 U.S. at 428 , 95 S.Ct. at 1082 . However, the Supreme Court also concluded that as to this particular land, reservation status had been terminated by the Congressional Act of March 3, 1891, c. 543, 26 Stat. 1035 . DeCoteau v. District County Court, supra, 420 U.S. at 444-445 , 95 S.Ct. 1082 . Appellant cites no statute similarly disestablishing the reservation status of Todd County in the Rosebud Reservation. Judge Blackmun in the first Beardslee appellate opinion concluded from his research that “(o)nly three Acts of Congress have affected the territory of the reservation since its establishment in 1889 and none of these concern Todd County. * * * No part of the Todd County portion of the reservation has ever been formally opened.” Id. at 285. Similarly last year in Rosebud Sioux Tribe v. Kneip, 521 F.2d 87 (8th Cir.1975), cert. granted, [425] U.S. [989], 96 S.Ct. 2199 , 48 L.Ed.2d 814 (1976), where the court dealt with the South Dakota counties of Gregory, Tripp, Lyman, and Mellette, it also added that: “Todd County remains unopened." Id. at 88 n. 1 (emphasis added).”
1 later decision quote this exact passage · from the majority“[a]n offense which may be punished by imprisonment for a term exceeding one year ... shall be presented by indictment.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.