Navajo Nation SCT Grants Habeas Petition for Nonmember Indian

Here is the opinion in Haungooah v. Greyeyes.

Here is the court’s symmabus:

The Supreme Court issues its opinion regarding a petition for writ of habeas corpus filed by a homeless non-Navajo Indian who had been arrested on a bench warrant without first being served with a probation revocation petition, then ordered to be incarcerated after his probation was revoked. The probationer had earlier called in to his probation officer informing him that he was homeless and needed to leave the vicinity in order to find shelter. Having previously granted the writ and ordered the probationer’s release, the Court found that a revocation petition must be served unless the Court determines that probable cause exists to show that attempts at service would be futile due to disappearance without contact and other egregious circumstances. Additionally, Diné bi beenahaz’áanii requires that in our restorative justice system, help should be given to a defendant when dire circumstances are known. Finally, the Court emphasized the due process right to counsel.

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