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Oklahoma v. Bosse

Petition dismissed pursuant to Rule 46 on September 10, 2021
Docket No. Op. Below Argument Opinion Vote Author Term
21-186 Okla. Crim. App. N/A N/A N/A N/A OT 2021

Issues: (1) Whether a state may impose procedural or equitable bars to postconviction relief on the claim that the state lacked prosecutorial authority because the crime of conviction occurred in Indian country; (2) whether a state has authority to prosecute non-Indians who commit crimes against Indians in Indian country; and (3) whether McGirt v. Oklahoma, should be overruled.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 26 2021Application (20A161) for a stay of mandate, submitted to Justice Gorsuch.
Apr 27 2021Response to application (20A161) requested by Justice Gorsuch, due Friday, May 7, by 3 p.m. ET.
May 07 2021Response to application from respondent Shaun Michael Bosse filed.
May 07 2021Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Chickasaw Nation.
May 12 2021Reply of applicant Oklahoma filed.
May 17 2021Motion for leave to file amicus brief filed by United States.
May 21 2021Supplemental brief of applicant Oklahoma filed.
May 26 2021Application (20A161) referred to the Court.
May 26 2021Application (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.
Aug 06 2021Petition for a writ of certiorari filed. (Response due September 9, 2021)
Aug 17 2021Blanket Consent filed by Petitioner, Oklahoma
Sep 03 2021Joint stipulation for dismissal pursuant Rule 46.1 filed.
Sep 10 2021Petition Dismissed - Rule 46.