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FORT PECK COURT OF APPEALS
ASSINIBOINE AND SIOUX TRIBES
FORT PECK INDIAN RESERVATION
WOLF POINT, MONTANA
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IN RE THE MATTER OF WANDA SMITH, Defendant, vs. FORT PECK TRIBES, AND RICHLAND COUNTY, Plaintiffs. |
Appeal No. 153 MEMORANDUM OPINION AND ORDER |
PER CURIAM
THIS MATTER comes before the Appeals Court on a petition for review of a Court order of extradition entered on February 19, 1992, the Honorable A.T. Stafne presiding.
CIVIL
ARGUED: May 29, 1992
DECIDED: September 25, 1992
MEMORANDUM OPINION and ORDER BY Chief Justice Gerard M. Schuster, joined by Associate Justice Debra A. Johnson and Associate Justice Florence Youpee.
HELD: THE ORDER OF EXTRADITION TO THE CITY OF SIDNEY, MONTANA ON A MISDEMEANOR THEFT CHARGE AND COUNTY OF RICHLAND, MONTANA ON A PROBATION REVOCATION HEARING IS AFFIRMED.
ISSUE: WHETHER THE EXTRADITION PROCEDURE HELD IN TRIBAL COURT COMPLIED WITH APPLICABLE TRIBAL LAW.
DISCUSSION
The Court adopts the opinion in The Matter of the Extradition of Jonelle Menz, Alleged Fugitive from the State of Montana, issued concurrently herewith.
The Court adopts the citations and discussion in MENZ in its entirety.
The Court finds that the requirements of XII CCOJ §405 were met by the Court here.
The Order of the Fort Peck Tribal Court is affirmed.
DATED this _____ day of October, 1992.
BY THE COURT OF APPEALS:
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GERARD M. SCHUSTER, CHIEF JUSTICE
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DEBRA A. JOHNSON, ASSOCIATE JUSTICE
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FLORENCE YOUPEE, ASSOCIATE JUSTICE