New Mexico Supreme Court
State v. Steven B.
June 25, 20158 N.M. Ct. App. 140
Summary
The New Mexico Supreme Court held that Parcel Three of Fort Wingate is not a dependent Indian community under 18 U.S.C. §1151(b), and therefore the State has jurisdiction over offenses committed there. The Court overruled State v. Dick, reversed the district court and Court of Appeals dismissals, and remanded for further proceedings. The decision rests on a narrowed interpretation of the “set‑aside” requirement of the Venetie test, requiring long‑term settlement by an Indian community.