Eagle v. YERINGTON PAIUTE TRIBE

OPINION

THOMPSON, Senior Circuit Judge:

Leslie Dawn Eagle challenges her conviction of criminal child abuse in the tribal court for the Yerington Paiute Tribe. Dawn Eagle contends she was denied due process because the Tribe failed to allege and prove beyond a reasonable doubt that she was an “Indian,” which, according to Dawn Eagle, is a necessary element of her crime of conviction. The district court concluded that Indian status, although a requirement for tribal jurisdiction, was not an element of the crime and denied Dawn Eagle’s habeas corpus petition. We have jurisdiction under 28 U.S.C.…