MISSOULA, Mont. (AP) — The U.S. Supreme Court is scheduled to hear arguments Tuesday on whether tribal convictions for domestic violence can count as previous convictions under federal law if the defendant didn't have an attorney in the tribal court cases.

The appeal comes in the case of a Northern Cheyenne tribal member, whose tribal court convictions were used to establish him as a felony habitual offender eligible for an enhanced sentence. The 9th U.S. Circuit Court of Appeals in 2014 overturned Michael Bryant Jr.'s tribal court convictions, saying his rights to counsel were violated.

Tribal court defendants can have attorneys, but in some jurisdictions they must pay their own costs. The U.S. Department of Justice asked the Supreme Court to reconcile the conflicting decisions after two other circuit courts ruled tribal convictions could count toward habitual offender status.

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