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Carpenter v. Murphy

Docket No. Op. Below Argument Opinion Vote Author Term
17-1107 10th Cir. Nov 27, 2018
Tr.Aud.
TBD TBD TBD OT 2018

Issue: Whether the 1866 territorial boundaries of the Creek Nation within the former Indian Territory of eastern Oklahoma constitute an “Indian reservation” today under 18 U.S.C. § 1151(a).

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 06 2018Petition for a writ of certiorari filed. (Response due March 9, 2018)
Feb 26 2018Motion to extend the time to file a response from March 9, 2018 to April 9, 2018, submitted to The Clerk.
Feb 28 2018Motion to extend the time to file a response is granted and the time is extended to and including April 9, 2018.
Mar 09 2018Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed.
Mar 09 2018Brief amicus curiae of Oklahoma Independent Petroleum Association filed.
Mar 09 2018Brief amicus curiae of United States of America filed.
Apr 09 2018Brief of respondent Patrick Dwayne Murphy in opposition filed.
Apr 23 2018Reply of petitioner Terry Royal, Warden filed.
Apr 24 2018DISTRIBUTED for Conference of 5/10/2018.
May 14 2018DISTRIBUTED for Conference of 5/17/2018.
May 21 2018Petition GRANTED. Justice Gorsuch took no part in the consideration or decision of this petition.
May 23 2018Motion of Terry Royal, Warden for an extension of time not accepted for filing. (June 20, 2018)
Jun 20 2018Motion to extend the time to file the joint appendix and the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended and including July 23, 2018. The time to file respondent's brief on the merits is extended to and including September 7, 2018.
Jun 20 2018Motion for an extension of time filed.
Jul 23 2018Brief of petitioner Mike Carpenter, Interim Warden filed.
Jul 23 2018Joint appendix (2 volumes) filed.
Jul 25 2018Letter of July 23, 2018, received from counsel for the petitioner.
Jul 30 2018Brief amici curiae of International Municipal Lawyers Association, et al. filed.
Jul 30 2018Brief amicus curiae of Oklahoma Independent Petroleum Association filed.
Jul 30 2018Brief amici curiae of Oklahoma Sheriffs’ Association, et al. filed.
Jul 30 2018Brief amici curiae of States of Nebraska, Kansas, Louisiana, Michigan, Montana, South Dakota, Texas, Utah, Wyoming, and Paul R. LePage, Governor of Maine filed.
Jul 30 2018Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed.
Jul 30 2018Brief amicus curiae of United States of America filed.
Aug 27 2018Motion for a further extension of time filed.
Aug 27 2018Response of Mike Carpenter, Interim Warden to motion not accepted for filing. (To be resubmitted - August 29, 2018)
Aug 27 2018Response to motion from petitioner Mike Carpenter, Interim Warden filed.
Aug 29 2018Motion for a further extension of time to file respondent's brief on the merits granted in part, and the time is extended to and including September 19, 2018.
Sep 19 2018Brief of respondent Patrick Dwayne Murphy filed. (Distributed)
Sep 24 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 26 2018Brief amici curiae of David Boren, et al. filed.
Sep 26 2018Brief amicus curiae of National Congress of American Indians filed.
Sep 26 2018Brief amici curiae of Historians, Legal Scholars, and Cherokee Nation filed.
Sep 26 2018Brief amicus curiae of Muscogee (Creek) Nation filed.
Sep 26 2018Brief amici curiae of Former United States Attorneys filed.
Sep 26 2018Joint motion of respondent and Muscogee (Creek) Nation for leave for Muscogee (Creek) Nation to participate in oral argument as amicus curiae and for divided argument filed.
Sep 26 2018Brief amici curiae of National Indigenous Women's Resource Center, et al. filed.
Oct 09 2018SET FOR ARGUMENT ON Tuesday, November 27, 2018
Oct 09 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Gorsuch and Justice Kavanaugh took no part in the consideration or decision of this motion.
Oct 15 2018Record requested from the U.S.C.A. 10th Circuit.
Oct 19 2018CIRCULATED
Oct 19 2018Reply of petitioner Mike Carpenter, Interim Warden filed. (Distributed)
Oct 22 2018Record received from the U.S.C.A. 10th Circuit is electronic and located on PACER, with the exception of 5 Boxes of Pleadings.
Oct 26 2018Joint motion of respondent and Muscogee (Creek) Nation for leave for Muscogee (Creek) Nation to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Gorsuch took no part in the consideration or decision of this motion.
Nov 27 2018Argued. For petitioner: Lisa S. Blatt, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Ian H. Gershengorn, Washington, D. C.; and Riyaz A. Kanji, Ann Arbor, Mich. (for Muscogee (Creek) Nation, as amicus curiae.)
Dec 04 2018The parties, the Solicitor General, and the Muscogee (Creek) Nation are directed to file supplemental briefs addressing the following two questions: (1) Whether any statute grants the state of Oklahoma jurisdiction over the prosecution of crimes committed by Indians in the area within the 1866 territorial boundaries of the Creek Nation, irrespective of the area’s reservation status. (2) Whether there are circumstances in which land qualifies as an Indian reservation but nonetheless does not meet the definition of Indian country as set forth in 18 U. S. C. §1151(a). The briefs, not to exceed 6,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, December 28, 2018. Reply briefs, not to exceed 3,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, January 11, 2019. (Justice Gorsuch, recused in this case).
 
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