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Criminal Law keyed to Dripps
In re Carmen’s Petition
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Carmen (Defendant), a Native American, was incarcerated at the California State Penitentiary at San Quentin after being convicted of murder and sentenced to death. Thereafter, Defendant filed a writ of habeas corpus in U.S. District Court claiming that the state court lacked jurisdiction to try and convict him of the offense. Instead, Defendant argued that federal statute required his case to have been tried in federal district court. The statute relied upon by Defendant was known as the Ten Major Crimes Act (the Act) as incorporated in Sections 1151, 1153, and 3242 of Title 18 of the United States Code. The Act provided that a Native American who committed any of the ten enumerated crimes within the statute must be tried in federal court. Murder was one of the specific crimes listed.
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