Georgia Leigh Wetsit v. Hon. A.T. Stafne Emmit Buckles, Chief Prosecutor, Fort Peck Tribes

Georgia Leigh Wetsit appeals the decision of the federal district court denying her petition for habeas corpus brought against the chief judge and chief prosecutor of the Fort Peck Tribes. The case presents a question of tribal jurisdiction over major crimes committed by a member of the tribe, a question that has hitherto not been resolved by a federal court. We affirm the judgment of the district court.

FACTS

Wetsit is a member of the Fort Peck Tribes. Early on Christmas morning 1992 she stabbed to death her common law husband Donald Whitright, also a member of the tribe. The killing occurred in Wolf Point Mountain within the boundaries of the Fort Peck Indian Reservation. On January 22, 1993, she was indicted in federal district court for the crime of voluntary manslaughter under the Major Crimes Act, 18 U.S.C. § 1153 . She was acquitted by a federal jury. She was then charged with manslaughter for the same killing by the authorities of her tribe. Her motion before the tribal court to dismiss the charge was denied. On October 21, 1993, in a jury trial lasting no more than a few hours, she was convicted of the crime, sentenced to one year of incarceration, fined $2,500, and…