Federal Court Dismisses ICRA Habeas Case for Failure to Exhaust Tribal Remedies

Matthew L.M. Fletcher

Here is the opinion in this unremarkable case (Acosta-Vigil DCT Order).

What is remarkable, though I could be wrong, is why the tribal judge is literally defending the petition. Shouldn’t the tribal prosecutor be doing this?

Here is the response: Delorme-Gaines Response

2 thoughts on “Federal Court Dismisses ICRA Habeas Case for Failure to Exhaust Tribal Remedies”

  1. Fred Urbina December 10, 2009 / 12:26 pm

    Professor Fletcher,

    Link to Tribal response not working.

    I can see the court or court adminstrator weighing in or the Tribal AG, on the court process. But yeah generally the Prosecutor and/or “Tribe.”

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