STATE v. COMENOUT

No. 85067-4.

267 P.3d 355 (2011)

STATE of Washington, Respondent, v. Robert Reginald COMENOUT, Sr. and Robert Reginald Comenout, Jr., Petitioners.

Supreme Court of Washington, En Banc.

December 8, 2011.


Attorney(s) appearing for the Case

Randal B. Brown , Randal Brown Law Office, Covington, WA, Robert Eugene Kovacevich , Robert E. Kovacevich PLLC, Aaron Lee Lowe , Aaron L. Lowe & Associates PS, Spokane, WA, for Petitioners.

Kathleen Proctor , Pierce County Prosecuting Atty Ofc, Thomas Charles Roberts , Attorney at Law, Tacoma, WA, for Respondent.

David M. Hankins , Atty Generals Ofc/Revenue Division, Heidi A. Irvin , Atty Generals Office/Revenue Div., Olympia, WA, Amicus Curiae on behalf of Washington State Department of R.

David M. Hankins , Heidi A. Irvin , Atty Generals Ofc/Revenue Division, Olympia, WA, Amicus Curiae on behalf of Liquor Control Board.


ALEXANDER, J.

¶ 1 The primary issue presented by this case is whether the State of Washington has jurisdiction over members of Indian tribes who sell unstamped cigarettes without a license at a store that is located on trust allotment land that is outside the boundaries of an Indian reservation. We conclude that the State does possess jurisdiction in such cases, and, thus, we affirm the trial court's denial of the motion of the defendants herein to dismiss the...

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