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PEOPLE v. CASWELL

No. 353537.

969 N.W.2d 538 (2021)

336 Mich. App. 59

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Walter Joseph CASWELL, Defendant-Appellant.

Court of Appeals of Michigan.

Decided February 11, 2021, 9:15 a.m.

Attorney(s) appearing for the Case

J. Stuart Spencer, Prosecuting Attorney, and Zackary A. Sylvain, Assistant Prosecuting Attorney, for the people.

Stephen A. Cooley, J.D. PLLC (by Stephen A. Cooley) for defendant.

Courtney A. Kachur and Morisset Schlosser Jozwiak & Somerville (by Mason D. Morisset) for the Sault Ste. Marie Tribe of Chippewa Indians, Amici Curiae.

Dana Nessel, Attorney General, Fadwa A. Hammoud, Solicitor General, and Kelly M. Drake, Assistant Attorney General, for the Department of Natural Resources, Amici Curiae.

Before: Beckering, P.J., and Sawyer and Shapiro, JJ.

Defendant, Walter Joseph Caswell, is a member of the Mackinac Tribe of Odawa and Ojibwa Indians (the Mackinac Tribe). In October 2018, a Department of Natural Resources (DNR) conservation officer cited defendant for spear fishing in a closed stream in violation of MCL 324.48715 and MCL 324.48711...

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