14-1537 > MELISSA LOPEZ POPE, et al., Respondents, DANIEL T. 32.1(b) File Name: 16a0001p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _ NORBERT J. RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. The court held that Kelsey’s due process challenge under the Indian Civil Rights Act failed. The Sixth Circuit reversed, holding that the Band has jurisdiction because it has not been expressly or implicitly divested of its inherent sovereign authority to prosecute members when necessary to protect tribal self-government or control internal relations. The district court granted habeas relief, holding that the Band lacked criminal jurisdiction to try and punish Kelsey’s off-reservation conduct but declined to rule on Kelsey’s due process challenge. After his sentence was affirmed, he filed a petition for federal habeas relief, arguing that the Band lacked jurisdiction over his off-reservation conduct and that his appeal in tribal court violated due process protections afforded by the Indian Civil Rights Act, 25 U.S.C. Kelsey appealed his sentence in tribal court, arguing that the Band lacked criminal jurisdiction over his off-reservation conduct. The Community Center is located on land owned by the Band but is not located within tribal reservation boundaries. Kelsey, a member of the Little River Band of Ottawa Indians, was convicted in tribal court of misdemeanor sexual assault for inappropriately touching a tribal employee at the Band’s Community Center.
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