Oklahoma v. Bosse
Application for stay granted on May 26, 2021. Justices Breyer, Sotomayor and Kagan would deny the application.
Issue: Whether the Supreme Court should stay, pending appeal, a mandate by the Oklahoma Court of Criminal Appeals granting post-conviction relief to a state death row inmate in light of McGirt v. Oklahoma.
SCOTUSblog Coverage
- Court puts relief for Oklahoma inmate on hold amid uncertainty about scope of McGirt (Amy Howe and James Romoser, May 26, 2021)
| Date | Proceedings and Orders |
|---|---|
| 04/26/2021 | Application (20A161) for a stay of mandate, submitted to Justice Gorsuch. |
| 04/27/2021 | Response to application (20A161) requested by Justice Gorsuch, due Friday, May 7, by 3 p.m. ET. |
| 05/07/2021 | Response to application from respondent Shaun Michael Bosse filed. |
| 05/07/2021 | Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Chickasaw Nation. |
| 05/12/2021 | Reply of applicant Oklahoma filed. |
| 05/17/2021 | Motion for leave to file amicus brief filed by United States. |
| 05/21/2021 | Supplemental brief of applicant Oklahoma filed. |
| 05/26/2021 | Application (20A161) referred to the Court. |
| 05/26/2021 | Application (20A161) granted by the Court. The application to stay the mandate of the Court of Criminal Appeals of Oklahoma, case No. PCD-2019-124, presented to Justice Gorsuch and by him referred to the Court is granted pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the issuance of the mandate of this Court. Justice Breyer, Justice Sotomayor, and Justice Kagan would deny the application. |