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Duro v. Reina, 495 U.S. 676 (1990)

The United States Constitution recognizes the sovereignty of Indian tribes, and thus tribal governments typically maintain legal jurisdiction over their members. But in Duro versus Reina, the Supreme Court considered whether a tribal government has criminal jurisdiction over nonmember Indians.

Albert Duro was a member of the Cahuilla Mission Indian tribe. Duro lived on the Salt River Indian Reservation in Arizona, home to the Pima-Maricopa tribe. In 1984, Duro allegedly shot and killed a boy within the reservation. The boy was Indian but wasn’t a member of the Cahuilla or Pima-Maricopa tribes.

The U.S. government initially charged Duro with murder in federal court. However, the charges were dismissed, and the government turned over custody of Duro to the Pima-Maricopa tribe so Duro could stand trial before the tribe’s community court. The tribe’s criminal code was limited to misdemeanors, and thus the tribe charged Duro with illegal firing of a weapon on reservation land. Duro moved to dismiss the charges, asserting that the tribal court lacked jurisdiction. The tribal court denied Duro’s motion, and he filed a petition for a writ of habeas corpus in federal district court. The district court granted the writ, finding that the tribal court lacked jurisdiction over Duro as a nonmember of the tribe. A split panel of the Ninth Circuit reversed, finding that Duro’s significant contacts with the Pima-Maricopa tribe, including his living with a tribe member and working for a tribe-owned construction company, justified the tribal court’s jurisdiction over him. The Supreme Court granted cert.

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