United States Tenth Circuit

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.

Appellate Information

• Decided 03/21/2008
• Published 03/24/2008

Judges

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

Court

• United States Tenth Circuit

Counsel

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


• For Appellees:
  
• 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.