Congressional Digest

Supreme Court Debates February 2019 No. 2 Vol. 22
Clayvin B. Herrera, Petitioner

Indian Treaty Rights

Tribal Hunting Privileges and State Power

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Clayvin B. Herrera, Petitioner

George W. Hicks, Jr., Counsel of Record

In January 2014, Clayvin B. Herrera and three fellow Crow Indians went out to hunt on their tribe’s reservation in Montana. After spotting a small herd of elk, they pursued it across State lines into Bighorn National Park in Wyoming. They killed three of the animals and brought their meat home to their tribe. Wyoming officials would subsequently learn of Herrera’s action and charge him with hunting during a closed season and without a State license — misdemeanor offenses. Prior to trial, Herrera attempted to assert that he had a right to hunt on “unoccupied lands of the United States”…

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