Denver, Co – A federal appeals court says that a
Northern Arapaho man convicted in state court of murder in the 2004
beating death of his infant daughter should be allowed to make a
new argument in federal court.
The 10th Circuit Court of Appeals in Denver ruled Friday that
Andrew John Yellowbear Jr. is entitled to make another pitch in
federal district court in Wyoming that he shouldn't have been
prosecuted by the state. Yellowbear claims that the state lacked
jurisdiction over the girl's killing because it occurred in
The Denver court sent the case back to U.S. District Judge
Clarence Brimmer of Cheyenne to hold another hearing, if Yellowbear
wants to raise the issue again.
The Wyoming Supreme Court in January upheld Yellowbear's murder
conviction. The court ruled that Riverton is NOT part of Indian
Country for legal purposes.
Massachusetts lawyer Barry Bachrach represents Yellowbear in his
federal appeal. Bachrach says that Yellowbear will press his case
in federal court. He says that Yellowbear thinks he will get a
fairer trial in federal court, and get a chance to prove his