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Duro v. Reina

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


Facts

Duro (defendant) was a member of the Torres-Martinez Band of Cahuilla Mission Indians. Duro lived on Salt River Pima-Maricopa Indian (Pima-Maricopa) land with his girlfriend. In 1984, Duro shot and killed a boy on Pima-Maricopa land. 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 and charged with illegal firing of 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 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 granted the writ due to the tribal court’s lack of jurisdiction, but the United States Court of Appeals for the Ninth Circuit reversed. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Kennedy, J.)

Dissent (Brennan, J.)

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