Sharp v. Murphy
Linked with:
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 17-1107 | Nov 27, 2018 | Jul 9, 2020 | 4-4 | Per Curiam | OT 2018 |
Holding: The judgment of the U.S. Court of Appeals for the 10th Circuit is affirmed for the reasons stated in McGirt v. Oklahoma.
Judgment: Affirmed in a per curiam opinion on July 9, 2020. Justice Gorsuch took no part in the consideration or decision of this case. Justice Thomas and Justice Alito dissent.
SCOTUSblog Coverage
- Invisible majorities: Counting to nine votes in per curiam cases (Josh Blackman, July 23, 2020)
- Live blog of opinions (Update: Completed) (Kalvis Golde, July 9, 2020)
- Opinion analysis: Justices toe hard line in affirming reservation status for eastern Oklahoma (Ronald Mann, July 9, 2020)
- Overview of the courts criminal docket for OT 19 sizeable and significant (Rory Little, September 9, 2019)
- Justices call for reargument in dispute about Oklahoma prosecutions of Native Americans (Ronald Mann, July 2, 2019)
- Justices call for more briefing in dispute about Oklahoma prosecutions of Native Americans (Ronald Mann, December 5, 2018)
- OT2018 #10: "Come On, General" (First Mondays, December 3, 2018)
- Argument analysis: Justices dubious about ramifications of broad Indian reservation in Oklahoma (Ronald Mann, November 27, 2018)
- Argument preview: Justices to turn again to rules for disestablishing tribal reservations (Ronald Mann, November 20, 2018)
- Justices grant four new cases (Amy Howe, May 21, 2018)
- Petition of the day (Aurora Barnes, March 2, 2018)
| Date | Proceedings and Orders |
|---|---|
| 02/06/2018 | Petition for a writ of certiorari filed. (Response due March 9, 2018) |
| 02/26/2018 | Motion to extend the time to file a response from March 9, 2018 to April 9, 2018, submitted to The Clerk. |
| 02/28/2018 | Motion to extend the time to file a response is granted and the time is extended to and including April 9, 2018. |
| 03/09/2018 | Brief amicus curiae of Oklahoma Independent Petroleum Association filed. |
| 03/09/2018 | Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed. |
| 03/09/2018 | Brief amicus curiae of United States of America filed. |
| 04/09/2018 | Brief of respondent Patrick Dwayne Murphy in opposition filed. |
| 04/23/2018 | Reply of petitioner Terry Royal, Warden filed. |
| 04/24/2018 | DISTRIBUTED for Conference of 5/10/2018. |
| 05/14/2018 | DISTRIBUTED for Conference of 5/17/2018. |
| 05/21/2018 | Petition GRANTED. Justice Gorsuch took no part in the consideration or decision of this petition. |
| 05/23/2018 | Motion of Terry Royal, Warden for an extension of time not accepted for filing. (June 20, 2018) |
| 06/20/2018 | Motion for an extension of time filed. |
| 06/20/2018 | Motion 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. |
| 07/23/2018 | Brief of petitioner Mike Carpenter, Interim Warden filed. |
| 07/23/2018 | Joint appendix (2 volumes) filed. |
| 07/25/2018 | Letter of July 23, 2018, received from counsel for the petitioner. |
| 07/30/2018 | Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed. |
| 07/30/2018 | Brief amicus curiae of United States of America filed. |
| 07/30/2018 | Brief amicus curiae of Oklahoma Independent Petroleum Association filed. |
| 07/30/2018 | Brief amici curiae of Oklahoma Sheriffs’ Association, et al. filed. |
| 07/30/2018 | Brief amici curiae of States of Nebraska, Kansas, Louisiana, Michigan, Montana, South Dakota, Texas, Utah, Wyoming, and Paul R. LePage, Governor of Maine filed. |
| 07/30/2018 | Brief amici curiae of International Municipal Lawyers Association, et al. filed. |
| 08/27/2018 | Motion for a further extension of time filed. |
| 08/27/2018 | Response of Mike Carpenter, Interim Warden to motion not accepted for filing. (To be resubmitted - August 29, 2018) |
| 08/27/2018 | Response to motion from petitioner Mike Carpenter, Interim Warden filed. |
| 08/29/2018 | Motion 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. |
| 09/19/2018 | Brief of respondent Patrick Dwayne Murphy filed. (Distributed) |
| 09/24/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 09/26/2018 | Brief amici curiae of David Boren, et al. filed. |
| 09/26/2018 | Brief amicus curiae of Muscogee (Creek) Nation filed. |
| 09/26/2018 | Brief amici curiae of Former United States Attorneys filed. |
| 09/26/2018 | Brief amici curiae of National Indigenous Women's Resource Center, et al. filed. |
| 09/26/2018 | Brief amici curiae of Historians, Legal Scholars, and Cherokee Nation filed. |
| 09/26/2018 | Brief amicus curiae of National Congress of American Indians filed. |
| 09/26/2018 | Joint 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. |
| 10/09/2018 | SET FOR ARGUMENT ON Tuesday, November 27, 2018 |
| 10/09/2018 | Motion 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. |
| 10/15/2018 | Record requested from the U.S.C.A. 10th Circuit. |
| 10/19/2018 | CIRCULATED |
| 10/19/2018 | Reply of petitioner Mike Carpenter, Interim Warden filed. (Distributed) |
| 10/22/2018 | Record received from the U.S.C.A. 10th Circuit is electronic and located on PACER, with the exception of 5 Boxes of Pleadings. |
| 10/26/2018 | Joint 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. |
| 11/27/2018 | Argued. 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.) |
| 12/04/2018 | The 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). |
| 12/28/2018 | Supplemental brief of petitioner Mike Carpenter, Interim Warden filed. (Distributed) |
| 12/28/2018 | Supplemental brief of respondent Patrick Dwayne Murphy filed. (Distributed) |
| 12/28/2018 | Supplemental brief of Muscogee (Creek) Nation as amicus curiae filed. (Distributed) |
| 12/28/2018 | Supplemental brief of United States of America as amicus curiae filed. (Distributed) |
| 01/11/2019 | Supplemental reply brief of petitioner Mike Carpenter, Interim Warden filed. (Distributed) |
| 01/11/2019 | Supplemental reply brief of respondent Patrick Dwayne Murphy filed. (Distributed) |
| 01/11/2019 | Supplemental reply brief of amicus curiae United States of America filed. (Distributed) |
| 01/11/2019 | Supplemental reply brief of amicus curiae Muscogee (Creek) Nation filed. (Distributed) |
| 02/11/2019 | Letter from State of Maine regarding amici brief of States of Nebraska, et al. filed July 30, 2018, received. (Distributed). |
| 06/27/2019 | This case is restored to the calendar for reargument. |
| 07/31/2019 | Letter of July 25, 2019, received from counsel for the petitioner. |
| 08/05/2019 | The record from the U.S.C.A. 10th Circuit has been returned |
| 07/09/2020 | Adjudged to be AFFIRMED. Justice Thomas and Justice Alito dissent. Justice Gorsuch took no part in the consideration or decision of this case. Opinion per curiam. |
| 08/10/2020 | JUDGMENT ISSUED. |