United States Sixth Circuit

In an appeal from a conviction and death sentence for first degree murder at a location within the federal government's special maritime and territorial jurisdiction, a district court's finding that it had subject matter jurisdiction over the trial is affirmed where, without regard to the merits of defendant's overall appeal, the federal government has concurrent criminal jurisdiction over the Oxford Lake parcel of the Manistee National Forest.

Appellate Information

• Decided 03/14/2008
• Published 03/14/2008

Judges

• Before:  MERRITT, BATCHELDER, and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Judy C. Clarke, Federal Defenders of San Diego, San Diego, California, Margaret S. O'Donnell, McNally & O'Donnell, Frankfort, Kentucky, for Appellant.  Joan E. Meyer, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Judy C. Clarke, Federal Defenders of San Diego, San Diego, California, Margaret S. O'Donnell, Kevin M. McNally, McNally & O'Donnell, Frankfort, Kentucky, for Appellant.   Joan E. Meyer, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.