Breaking News
Enter your email address to subscribe to updates to this case (by doing so, you are accepting the terms in our privacy policy):

Oklahoma v. Castro-Huerta

Docket No. Op. Below Argument Opinion Vote Author Term
21-429 Okla. Crim. App. Apr 27, 2022 Jun 29, 2022 5-4 Kavanaugh OT 2021

Holding: The federal government and the state have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Kavanaugh on June 29, 2022. Justice Gorsuch filed a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined.

DateProceedings and Orders (key to color coding)
Sep 17 2021Petition for a writ of certiorari filed. (Response due October 21, 2021)
Sep 22 2021Blanket Consent filed by Petitioner, State of Oklahoma
Oct 20 2021Motion to extend the time to file a response from October 21, 2021 to November 22, 2021, submitted to The Clerk.
Oct 21 2021Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021.
Oct 21 2021Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al filed.
Oct 21 2021Brief amici curiae of Cities of Tulsa and Owasso, Oklahoma filed.
Oct 21 2021Brief amici curiae of Texas, et al.
Oct 21 2021Brief amici curiae of the Oklahoma District Attorneys Association, et al. filed.
Oct 29 2021Brief amicus curiae of Cherokee Nation filed.
Nov 15 2021Brief of respondent Victor Manuel Castro-Huerta in opposition filed.
Nov 16 2021Brief amicus curiae of Muscogee (Creek) Nation filed.
Nov 18 2021Brief amici curiae of Chickasaw Nation and Choctaw Nation of Oklahoma filed.
Nov 19 2021Application (21A168) to file reply brief in excess of word limits, submitted to Justice Gorsuch.
Nov 22 2021Response of Victor Manuel Castro-Huerta to application filed.
Nov 29 2021Application (21A168) denied by Justice Gorsuch.
Dec 08 2021DISTRIBUTED for Conference of 1/7/2022.
Dec 08 2021Reply of petitioner Oklahoma filed. (Distributed)
Jan 10 2022DISTRIBUTED for Conference of 1/14/2022.
Jan 18 2022DISTRIBUTED for Conference of 1/21/2022.
Jan 21 2022Petition GRANTED limited to Question 1 presented by the petition. The case will be set for argument in the April 2022 argument session. Petitioner's brief on the merits is to be filed on or before Monday, February 28, 2022. Respondent's brief on the merits is to be filed on or before Monday, March 28, 2022. The reply brief is to be filed in accordance with Rule 25.3.
Feb 09 2022Motion to dispense with printing the joint appendix filed by petitioner Oklahoma.
Feb 09 2022Blanket Consent filed by Petitioner, Oklahoma
Feb 10 2022Blanket Consent filed by Respondent, Victor Manuel Castro-Huerta
Feb 22 2022Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 28 2022Brief of petitioner Oklahoma filed.
Mar 07 2022Brief amici curiae of The Oklahoma District Attorneys Association, et al. filed.
Mar 07 2022Brief amici curiae of Texas, et al. filed.
Mar 07 2022Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed.
Mar 07 2022Brief amicus curiae of Oklahoma Association of Chiefs of Police filed.
Mar 07 2022Brief amicus curiae of Citizens for Equal Rights Foundation filed.
Mar 07 2022Brief amicus curiae of City of Tulsa, Oklahoma filed.
Mar 07 2022Motion for leave to file appendix to amicus curiae brief under seal filed by City of Tulsa, Oklahoma.
Mar 15 2022ARGUMENT SET FOR Wednesday, April 27, 2022.
Mar 16 2022Record requested from the Court of Criminal Appeals of Oklahoma, and also from the Tulsa County District Court.
Mar 22 2022Record received from the Court of Criminal Appeals of Oklahoma. (1 Box)
Mar 23 2022CIRCULATED
Mar 28 2022Record received from the U.S. District Court for Tulsa County. (1 Box)
Mar 28 2022Brief of respondent Victor Manuel Castro-Huerta filed. (Distributed)
Apr 01 2022Brief amicus curiae of National Congress of American Indians filed. (Distributed)
Apr 04 2022Brief amicus curiae of United States filed. (Distributed)
Apr 04 2022Brief amici curiae of Cherokee Nation, Chickasaw Nation, Choctaw Nation of Oklahoma, Muscogee (Creek) Nation, and Seminole Nation of Oklahoma filed. (Distributed)
Apr 04 2022Brief amici curiae of Federal Indian Law Scholars and Historians filed. (Distributed)
Apr 04 2022Brief amici curiae of Former United States Attorneys Michael Cotter, et al. filed. (Distributed)
Apr 04 2022Brief amici curiae of National Indigenous Women's Resource Center, et al. filed. (Distributed)
Apr 04 2022Brief amici curiae of The Navajo Nation, et al. filed. (Distributed)
Apr 04 2022Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Apr 04 2022Brief amicus curiae of United Keetoowah Band of Cherokee Indians in Oklahoma filed. (Distributed)
Apr 04 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Apr 14 2022Motion of City of Tulsa, Oklahoma for leave to file an appendix to an amicus curiae brief under seal GRANTED.
Apr 14 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Apr 15 2022Reply of petitioner Oklahoma filed. (Distributed)
Apr 27 2022Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Zachary C. Schauf, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Apr 29 2022Letter of the Solicitor General correcting statements made during oral argument filed. (Distributed)