Yellowbear v. Wyoming Atty. Gen., 06-8064
Denial of a habeas corpus petition brought by an Indian tribe member convicted of first degree murder is reversed and remanded for the district court to allow petitioner the opportunity to recharacterize his section 2241 action as a section 2254 petition if he so chooses, and to conduct further proceedings if petitioner decides to go forward with the petition as recharacterized.
- Decided 03/21/2008
- Published 03/24/2008
SEYMOUR, Circuit Judge., Before HENRY, Chief Judge, SEYMOUR, and GORSUCH, Circuit Judges.
United States Tenth Circuit
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.