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DRY v. CFR COURT OF INDIAN OFFENSES

No. 98-7027.

168 F.3d 1207 (1999)

Douglas DRY; Rosie Burlison; Juanita McConnell, Petitioners-Appellants, v. CFR COURT OF INDIAN OFFENSES FOR THE CHOCTAW NATION; James Wolfe, Magistrate, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

February 22, 1999.

Attorney(s) appearing for the Case

Scott Kayla Morrison, Dry & Morrison Law Firm, Wilburton, Oklahoma, for Petitioners-Appellants.

Robert L. Rabon, Rabon, Wolf & Rabon, Hugo, Oklahoma, for Respondents-Appellees.

Before BRORBY, McWILLIAMS and KELLY, Circuit Judges.

BRORBY, Circuit Judge.

Appellants, Douglas Dry, Rosie Burlison and Juanita McConnell, are Choctaw Indians charged with various violations of the Choctaw Criminal Code. After arraignment, the Court of Indian Offenses for the Choctaw Nation released Appellants on their own recognizance pending trial. Appellants then filed a petition for writ of habeas corpus in federal court, challenging the jurisdiction of the Court of Indian Offenses. The district court dismissed...

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