53 N.E.3d 1230
Ind. Ct. App.2016Background
- In March 2012 the State charged Tyreese Taylor‑Bey with murder for a 2004 shooting in Marion County, Indiana; other charges were later dismissed.
- Taylor‑Bey proceeded pro se with standby counsel and repeatedly filed motions asserting he was a “Moorish American Sovereign National” and a “Secured Party Creditor,” seeking dismissal for lack of jurisdiction.
- The trial court denied his motion to dismiss and a motion to reconsider, and after additional motions and continuances, a jury convicted him of murder in February 2015.
- The trial court sentenced Taylor‑Bey to 65 years’ imprisonment.
- On appeal he argued the trial court lacked jurisdiction—both subject‑matter and personal—based on his claimed sovereign/non‑citizen status.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had subject‑matter jurisdiction over the murder charge | State: Marion Superior Court has statutory authority to hear criminal cases committed in Marion County | Taylor‑Bey: implicit challenge that his status removes the court’s authority | Court: Affirmed subject‑matter jurisdiction under state statute and local rules |
| Whether the court had personal jurisdiction over Taylor‑Bey | State: Personal jurisdiction exists because the crime occurred in Marion County and defendant was before the court | Taylor‑Bey: Claimed he is not a U.S. citizen but a Moorish American National / Secured Party Creditor and thus not subject to the court’s jurisdiction | Court: Personal jurisdiction exists irrespective of citizenship or sovereign‑citizen claims; such theories are rejected |
Key Cases Cited
- K.S. v. State, 849 N.E.2d 538 (Ind. 2006) (distinguishing subject‑matter and personal jurisdiction concepts)
- In re B.C., 9 N.E.3d 745 (Ind. Ct. App. 2014) (statutory source of court jurisdiction)
- Dred Scott v. Sandford, 60 U.S. 393 (1856) (historical precedent regarding citizenship; later superseded)
- Slaughter‑House Cases, 83 U.S. 36 (1873) (acknowledging Fourteenth Amendment’s effect overturning Dred Scott)
- United States v. Benabe, 654 F.3d 753 (7th Cir. 2011) (rejecting sovereign‑citizen and secured‑party creditor theories as bases to avoid jurisdiction)
- United States v. Burke, 425 F.3d 400 (7th Cir. 2005) (holding presence in U.S. territory supplies personal jurisdiction regardless of entry status)