United States v. Diaz, No. 10-2252 (10th Cir. 2012)
Annotate this Case
Defendant-Appellant Linda Diaz was convicted of knowingly leaving the scene of a car accident where she hit and killed a pedestrian. The accident occurred on the Pojoajue Pueblo Indian reservation. She was charged with committing a crime in Indian Country under 18 U.S.C. sec. 1152. On appeal, among other issues, Defendant contended the federal court lacked jurisdiction over the crime because the government failed to prove that the victim was not an Indian, a jurisdictional requirement under section 1152. Upon review, the Tenth Circuit concluded that the government met its burden of proof. The testimony of the victim’s father provided enough evidence for a jury to conclude the victim was not an Indian for purposes of the statute. Furthermore, the Court concluded the district court did not err in its rulings on various other evidentiary and trial issues.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.