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This section contains the nature of the case and procedural background.

Carmen (D) was convicted of murder by the superior court of the state of California. There was evidence that both D and his victim were Indians and that the crime was committed on Indian country lands. D claimed that a federal statute requires that an Indian who commits murder on Indian lands shall be tried in federal courts. During the trial, none of the parties were aware of this statute. D applied for a writ of habeas corpus.

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