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GREYWATER v. JOSHUA

No. 87-5233.

846 F.2d 486 (1988)

Mary Jo GREYWATER, Appellant, v. Honorable Lawrence R. JOSHUA, Jr., Chief Judge of the Devils Lake Sioux Tribal Court; Carl McKay, Chairman of the Devils Lake Sioux Tribe; Ken Sayers, Devils Lake Sioux Tribal Prosecutor; Melvin Greybear, Captain of Police, Devils Lake Fort Totten Agency; and Donald Morgan, Superintendent of the Bureau of Indian Affairs Devils Lake Fort Totten Agency, Appellees. Anthony CHARBONEAU, Jr., Appellant, v. Honorable Lawrence R. JOSHUA, Jr., Chief Judge of the Devils Lake Sioux Tribal Court; Carl McKay, Chairman of the Devils Lake Sioux Tribe; Ken Sayers, Devils Lake Sioux Tribal Prosecutor; Melvin Greybear, Captain of Police, Devils Lake Fort Totten Agency; and Donald Morgan, Superintendent of the Bureau of Indian Affairs Devils Lake Fort Totten Agency, Appellees. Raymond BUCKLES, Appellant, v. Honorable Lawrence R. JOSHUA, Jr., Chief Judge of the Devils Lake Sioux Tribal Court; Carl McKay, Chairman of the Devils Lake Sioux Tribe; Ken Sayers, Devils Lake Sioux Tribal Prosecutor; Melvin Greybear, Captain of Policy, Devils Lake Totten Agency; and Donald Morgan, Superintendent of the Bureau of Indian Affairs Devils Lake Fort Totten Agency, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 10, 1988.

Attorney(s) appearing for the Case

Jesse C. Trentadue, Salt Lake City, Utah, Rodney K. Smith, Widener Univ. Law School, Wilmington, Del., Maureen White Eagle, Devils Lake, N.D., for appellant.

Reid Chambers and Edward J. Shawaker, Washington, D.C., for appellees.

Before LAY, Chief Judge, and HEANEY and MAGILL, Circuit Judges.

LAY, Chief Judge.

Mary Jo Greywater, Anthony Charboneau, Jr., and Raymond Buckles (Petitioners) appeal from the district court's1 dismissal of their petitions for writs of habeas corpus filed pursuant to the Indian Civil Rights Act, 25 U.S.C. § 1303. We reverse the decision of the district court.

Background

Petitioners are enrolled members of the Turtle Mountain Band of Chippewa Indians. On June 22, 1985, they were...

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