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BARTLETT v. SOLEM

No. 82-1582.

691 F.2d 420 (1982)

John BARTLETT, Appellee, v. Herman S. SOLEM, Warden, South Dakota State Penitentiary; and Mark V. Meierhenry, Attorney General, State of South Dakota, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided October 27, 1982.

Attorney(s) appearing for the Case

Tom D. Tobin, Tobin Law Offices, P. C., Winner, S. D., William W. Shakely, Tobin Law Offices, P. C., Washington, D. C., for amici curiae Counties.

Anthony C. Liotta, Acting Asst. Atty. Gen., Edward J. Shawaker, Janet L. Steckel, Attys., Dept. of Justice, Washington, D.C., Mark V. Meierhenry, Atty. Gen., Mark Smith, Asst. Atty. Gen., Pierre, S.D., for appellants.

Richard B. Collins, Native American Rights Fund, Boulder, Colo., Robert C. Riter, Jr., Riter, Mayer, Hofer & Riter, Pierre, S.D., for appellee.

W. Richard West, Jr., Washington, D. C., for amicus curiae Cheyenne River Sioux Tribe.

Reid Peyton Chambers, Washington, D. C., for amicus curiae Standing Rock Sioux Tribe.

Before LAY, Chief Judge, HEANEY, BRIGHT, ROSS, McMILLIAN, ARNOLD and JOHN R. GIBSON, Circuit Judges, En banc.

HEANEY, Circuit Judge, with whom LAY, Chief Judge, and BRIGHT, ROSS and JOHN R. GIBSON, Circuit Judges, join.

The United States District Court for the District of South Dakota granted John Bartlett's petition for a writ of habeas corpus on the ground that the State of South Dakota lacked jurisdiction to try Bartlett because his crime was committed on land that was part of the Cheyenne River Reservation. In so holding, the court relied on this Court's opinion in

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