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YELLOWBEAR v. WYOMING ATTY. GEN.

No. 06-8064.

525 F.3d 921 (2008)

Andrew John YELLOWBEAR, Jr., Petitioner-Appellant, v. WYOMING ATTORNEY GENERAL; and Skip Hornecker, in his official capacity as Fremont County Sheriff, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

March 21, 2008.

Attorney(s) appearing for the Case

Barry A. Bachrach of Law Office of Barry Bachrach, Leicester, MA, for Petitioner-Appellant.

David L. Delicath, Senior Assistant Attorney General (Patrick J. Crank, Attorney General, with him on the brief), of Office of Attorney General, State of Wyoming, Cheyenne, WY, for Respondents-Appellees.

Before HENRY, Chief Judge, SEYMOUR, and GORSUCH, Circuit Judges.

SEYMOUR, Circuit Judge.

Andrew John Yellowbear, Jr., appeals the district court's denial of his habeas corpus petition filed under 28 U.S.C. § 2241. We reverse and remand for further proceedings.

I

On July 2, 2004, Andrew John Yellowbear, Jr., an enrolled member of the Northern Arapaho Tribe, was arrested and charged in state court with first-degree murder in Riverton, Wyoming. Prior to trial, Mr. Yellowbear...

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