State v. Lohnes’s Empirical Analysis
1955
Citation profile
2 federal appellate · 10 state decisions
How this case has been cited
Cited by 13 later decisions — most recently July 2020
2 federal appellate · 10 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
Relies on United States v. Kagama · Donnelly v. United States · Williams v. United States · Draper v. United States · Harrison v. Laveen
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The federal criminal jurisdiction exercised over Indians in North Dakota by the federal government is based on the status of Indians as such rather than upon the lands on which they reside. When that jurisdiction is relinquished it falls to the state which has general criminal jurisdiction within its borders.” State v. Lohnes, supra, 69 N.W.2d at 521 (Morris, J., dissenting). The dissent concluded: “that the provisions of the Enabling Act and our constitutional disclaimer have no effect whatever upon the criminal jurisdiction of the state; that the state has general jurisdiction over reservations wholly within the state, excluding however, that jurisdiction which has been retained by the federal government over ‘Indian country’ as long and only as long as that jurisdiction is asserted by the federal government and when the federal government cedes or confers criminal jurisdiction over Indian country to the state the federal restraint on the state’s jurisdiction is removed and to the extent of that removal the jurisdiction of the state is automatically extended.” State v. Lohnes, supra, 69 N.W.2d at 522 (Morris, J., dissenting).”
1 later decision quote this exact passagee.g. State v. Hook““Ch. 759. AN ACT . . . That jurisdiction is hereby conferred on the State of Iowa over offenses committed by or against Indians on the Sac and Fox Indian Reservation in the State to the same extent as its courts have jurisdiction generally over offenses committed within said State outside of any Indian reservation: Provided, however, That nothing herein contained shall deprive the courts of the United States of jurisdiction over offenses defined by the laws of the United States committed by or against Indians on Indian reservations.””
1 later decision quote this exact passagee.g. State v. Youngbear
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.