The 10th Circuit Court of Appeals refused to consider whether a crime committed by Andrew Yellowbear Jr., a member of the Northern Arapaho Tribe, occurred in Indian Country.

Yellowbear was convicted in Wyoming state court for first-degree murder. He is serving a life sentence for killing his 22-month-old daughter.

The incident took place in Riverton. Yellowbear contends that the town is still part of the Wind River Reservation.

The state courts have repeatedly ruled that Riverton is not Indian Country. The Wyoming Supreme Court specifically addressed the issue in Yellowbear's case in January 2008.

In a unanimous decision on Tuesday, the 10th Circuit noted that Yellowbear "conceded" that the Wyoming Supreme Court decision was not “contrary to” U.S. Supreme Court precedents. As such, the 10th Circuit said it had no reason to review the state court decisions.

"Not only has Mr. Yellowbear failed to give us any reason to think the Wyoming Supreme Court’s rejection of his jurisdictional argument was an objectively unreasonable application of Supreme Court precedent; he has also failed to give us any reason to think that decision was incorrect," the court wrote.

The case is Yellowbear v. Attorney General of the State of Wyoming, No. 09-8069.

Get the Story:
Court upholds Yellowbear conviction (AP 5/27)

10th Circuit Decision:
Yellowbear v. Attorney General of the State of Wyoming (May 25, 2010)

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