Duro v. Reina

495 U.S. 676 (1990)

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Duro v. Reina

United States Supreme Court
495 U.S. 676 (1990)

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Facts

Albert Duro (defendant) was a member of the Torres-Martinez Band of Cahuilla Mission Indians. Duro lived with his girlfriend on the land of a different tribe, the Pima-Maricopa tribe. In 1984, Duro shot and killed a boy on Pima-Maricopa land. The boy was Indian but was not a member of either the Cahuilla or Pima-Maricopa tribe. Duro was initially charged with murder in federal court, but the charges were dismissed. Duro was then placed in the custody of the Pima-Maricopa tribe. The Pima-Maricopa tribe’s criminal code was limited to misdemeanors. Therefore, in the tribal court, Duro was charged with illegally firing a weapon on reservation land. Duro moved to dismiss the charges on the basis that the Pima-Maricopa courts did not have jurisdiction over him. The Pima-Maricopa tribal court denied the motion. Duro then filed a petition for a writ of habeas corpus with the United States District Court for the District of Arizona. The district court ruled that the Pima-Maricopa tribal court lacked jurisdiction over Duro and granted the writ. However, the United States Court of Appeals for the Ninth Circuit found that the Pima-Maricopa court did have jurisdiction over Duro and reversed. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Kennedy, J.)

Dissent (Brennan, J.)

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