Bad Day for Friday: 10th Circuit Reverses Lower Court, Denies Rehearing -- Supreme Court Review Sought

As reported by CrowNews.net in February 2008, the Tenth Circuit in December 2007 heard oral argument in United States v. Winslow Friday -- a case involving an Arapaho man's criminal prosecution in federal court for killing a bald eagle for religious purposes on the Wind River Reservation of Wyoming.

In early May, a three-judge panel of the Tenth Circuit reversed the U.S. District Court of Wyoming's order that charges against Friday be dismissed.  Despite acknowledging problems with the federal government's accommodation of tribal religious practices using eagle parts, the Court of Appeals held that the Bald and Golden Eagle Protection Act is still enforceable law in the six-state Tenth Circuit and remanded Friday to District Court to face reinstated criminal charges.  The Court's opinion can be read here.

In June, Friday's public defender requested a rehearing en banc (meaning the full panel of all twelve Tenth Circuit judges would hear the case).  In early July, Friday's motion to rehear was denied.

CrowNews.net has been informed that a petition for a writ of certiorari to the U.S. Supreme Court will be made by the Colorado Federal Public Defender's Office.   If the Supreme Court decides to hear the case, CrowNews.net will provide updated information and legal commentary on what will be a landmark decision affecting Indians and tribes throughout the United States.

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