Subject matter jurisdiction is a critical part of any case.
This is something that allows a Court to hear a case and exercise
authority over the parties. This is a defense that can be raised
at any time and it cannot be waived.
federal law, a person who is an Indian that commits a crime in
Indian Country can not be prosecuted in state court. Depending on
the crime, they would either be in federal court or in tribal court.
If the defendant is a non-Indian but the victim is an Indian and the
crime occurs in Indian Country, the offender will be in federal court.
Indian Country is an area
that by treaty has been established as a reservation for an Indian
tribe. The character of the reservation does not change based upon
how the land is owned. (Imagine if the State of Oklahoma could be
shrunk because the government sold land to a private person. In
the same was, an Indian Reservation is not diminished by selling land to