Owen v. Weber, No. 10-3330 (8th Cir. 2011)
Annotate this CaseAt a tribal housing complex in Peever, South Dakota, defendant stabbed two men, killing one. Defendant was subsequently convicted of first degree murder and aggravated assault and sentenced to life imprisonment. At issue was whether the district court properly denied defendant's petition for writ of habeas corpus where he challenged the state's jurisdiction to try him. The court held that the district court properly denied habeas corpus relief where the housing complex's land did not meet the Alaska v. Native Vill. of Venetie Tribal Gov't. test of being a "dependent Indian community."
Court Description: Prisoner case - habeas. State courts' determination that the place where Owen's crimes took place was not Indian territory was not an unreasonable application of Supreme Court precedent.
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