Alvarez v. Tracy

Petitioner, an enrolled member of the Gila River Indian Community, appealed the district court's denial of his petition for a writ of habeas corpus. The court concluded that petitioner failed to exhaust his claims, and failed to show that the unavailability or futility of direct appeal excuses the exhaustion requirement. Further, petitioner has not shown that the Community's appeals process did not comply with the Indian Civil Rights Act (ICRA), 25 U.S.C. 1303. The court concluded that its application of the exhaustion rule is consistent with Wood v. Milyard and Granberry v. Greer. Comity and tribal self-government concerns warrant application of the doctrine, despite the Community's failure to raise the direct appeal issue. Accordingly, the court affirmed the judgment. View "Alvarez v. Tracy" on Justia Law