Thomas D. Davis v. Bryant Muellar, as Sheriff of Rolette County, North Dakota

I respectfully dissent. Because of federal protection of tribal sovereignty, I would reverse and grant a writ of habeas corpus1 releasing Davis from state custody until Rolette County officials comply with the Turtle Mountain tribal extradition ordinance.

1. Federal Jurisdiction

As the majority noted, the injury to Davis personally is not the primary interest being asserted here. The issue is not whether an Indian can avoid state prosecution for crimes committed off the reservation, but whether the state must recognize some degree of sovereignty and control of the tribal government over the…