Congressional Digest

Supreme Court Debates February 2019 No. 2 Vol. 22
Lower Court Holding in Herrera v. Wyoming

Indian Treaty Rights

Tribal Hunting Privileges and State Power

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Lower Court Holding in Herrera v. Wyoming

Decision of the Wyoming Fourth Judicial District

Clayvin Herrera is an enrolled member of the Crow Tribe and a resident of St. Xavier, Montana, which is located on the Crow Reservation. In January 2014, Herrera and several other tribal members decided to hunt for elk on the Crow Reservation. They spotted several elk on the reservation in the vicinity of Eskimo Creek. At some point, the elk crossed a fence, leaving the Crow Reservation and entering into the Big Horn National Forest in the State of Wyoming. Herrera and the others crossed the fence into Wyoming and continued to track the elk. They shot three bull elk…

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