United States Ninth Circuit

Denial of habeas corpus petition brought pursuant to the Indian Civil Rights Act (ICRA), in which petitioner challenged convictions and sentences imposed by a tribal court, is affirmed, where: 1) petitioner failed to exhaust his claims by bringing them first to the trial courts, and did not demonstrate that unavailability or futility of direct appeal excuses the exhaustion requirement or that the Gila River Indian Community tribal court’s appeals process did not comply with the ICRA; and 2) the strong comity and judicial efficiency interests at stake warrant federal abstention.

Appellate Information

• Decided 12/08/2014
• Published 12/08/2014

Judges

• Smith

Court

• United States Ninth Circuit

Counsel