Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Habeas Petition in Indian Tribal Criminal Matter, and Other Habeas Matter

By FindLaw Staff on May 07, 2010 | Last updated on March 21, 2019

Eagle v. Yerington Paiute Tribe, No. 08-16786, involved a habeas petition challenging petitioner's conviction of criminal child abuse in the tribal court for the Yerington Paiute Tribe.  The court of appeals affirmed the denial of the petition, on the ground that Indian status, although a requirement for tribal jurisdiction, was not an element of the crime charged.

Reynolds v. Thomas, No. 08-35810, concerned a habeas petition claiming that the Federal Bureau of Prisons ("BOP") erred by refusing to issue an order under 18 U.S.C. section 3621(b) that retroactively (nunc pro tunc) designated the Montana state prison where petitioner served his state sentence as the place where he began serving his federal sentence.  The Ninth Circuit affirmed the denial of the petition, holding that 1) the BOP had the authority to decline to make a nunc pro tunc designation of a state prison notwithstanding a state court's contrary order; and 2) the district court did not clearly err in determining that petitioner was under the primary jurisdiction of the state at the time of his federal conviction.

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard