Sixth Circuit: Norbert Kelsey v. Melissa Pope

Habeas: Tribes - Crim

Native American tribes have extraterritorial criminal jurisdiction over their members.

Extraterritorial contacts between tribe members at a tribal function implicate core notions of sovereignty.

Presumption against implicit divestment by Congressional act.

As the conduct was of the nature that would generally lead to prosecution somewhere, no Due Process notice considerations with the introduction of an unforeseen sovereignty.

Tribal court's exercise of jurisdiction was routine common law decisionmaking.

http://www.ca6.uscourts.gov/opinions.pdf/16a0001p-06.pdf