In United States v. Lara, 541 U.S. 193 (2004), the U.S. Supreme Court held (7-2) that the federal government was not barred by the Double Jeopardy Clause from prosecuting an Indian who had already been tried, convicted and punished by an Indian tribe for striking a federal officer.
Justice Stephen Breyer wrote the majority opinion, and Justice David Souter wrote a dissenting opinion that was joined by Justice Antonin Scalia.
Categories: [United States Supreme Court Cases] [Indian Law]