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MEANS v. NORTHERN CHEYENNE TRIBAL COURT

Nos. 97-35952, 97-36013.

154 F.3d 941 (1998)

David MEANS, Plaintiff-Appellant-Cross-Appellee, v. NORTHERN CHEYENNE TRIBAL COURT, Glenn Littlebird, Presiding Judge for the Northern Cheyenne Tribal Court, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 27, 1998.

Attorney(s) appearing for the Case

Clarence Belue, Billings, Montana, for plaintiff-appellant-cross-appellee.

Steven A. Kelly, Lame Deer, Montana, for defendants-appellees-cross-appellants.

Before: HUG, Chief Judge, REINHARDT, Circuit Judge, and REED, District Judge.

Opinion by Judge REED; Concurrence by Judge REINHARDT.

REED, District Judge:

Appellant David Means, a member of the Sisseton-Wapatan (Sioux) Tribe of Indians, is currently free on bail pending criminal prosecution in the Tribal Court of the Northern Cheyenne Indian Tribe. After being arrested and freed on bail, but prior to trial, Means sought habeas relief from the district court on jurisdictional grounds. He argued that the Tribal Court does not have criminal...

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