Initially, Duro was charged with murder and aiding and abetting murder in federal court, but the prosecution dismissed those charges without prejudice. Duro was handed over to Salt River tribal authorities, who charged Duro with illegally firing a weapon because under federal law, Indian tribes are limited to prosecuting misdemeanor crimes. The tribal courts denied Duro's motion to dismiss for lack of jurisdiction, and then Duro filed a petition for a writ of habeas corpus in the United States District Court for the District of Arizona.