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Sharp v. Murphy
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| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-1107 | 10th Cir. | 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)
- Opinion analysis: Justices toe hard line in affirming reservation status for eastern Oklahoma (Ronald Mann, July 9, 2020)
- Live blog of opinions (Update: Completed) (Kalvis Golde, July 9, 2020)
- Overview of the court’s 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 4, 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 |
|---|---|
| Feb 06 2018 | Petition for a writ of certiorari filed. (Response due March 9, 2018) |
| Feb 26 2018 | Motion to extend the time to file a response from March 9, 2018 to April 9, 2018, submitted to The Clerk. |
| Feb 28 2018 | Motion to extend the time to file a response is granted and the time is extended to and including April 9, 2018. |
| Mar 09 2018 | Brief amicus curiae of Oklahoma Independent Petroleum Association filed. |
| Mar 09 2018 | Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed. |
| Mar 09 2018 | Brief amicus curiae of United States of America filed. |
| Apr 09 2018 | Brief of respondent Patrick Dwayne Murphy in opposition filed. |
| Apr 23 2018 | Reply of petitioner Terry Royal, Warden filed. |
| Apr 24 2018 | DISTRIBUTED for Conference of 5/10/2018. |
| May 14 2018 | DISTRIBUTED for Conference of 5/17/2018. |
| May 21 2018 | Petition GRANTED. Justice Gorsuch took no part in the consideration or decision of this petition. |
| May 23 2018 | Motion of Terry Royal, Warden for an extension of time not accepted for filing. (June 20, 2018) |
| Jun 20 2018 | Motion for an extension of time filed. |
| Jun 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. |
| Jul 23 2018 | Brief of petitioner Mike Carpenter, Interim Warden filed. |
| Jul 23 2018 | Joint appendix (2 volumes) filed. |
| Jul 25 2018 | Letter of July 23, 2018, received from counsel for the petitioner. |
| Jul 30 2018 | Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed. |
| Jul 30 2018 | Brief amicus curiae of United States of America filed. |
| Jul 30 2018 | Brief amicus curiae of Oklahoma Independent Petroleum Association filed. |
| Jul 30 2018 | Brief amici curiae of Oklahoma Sheriffs’ Association, et al. filed. |
| Jul 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. |
| Jul 30 2018 | Brief amici curiae of International Municipal Lawyers Association, et al. filed. |
| Aug 27 2018 | Motion for a further extension of time filed. |
| Aug 27 2018 | Response of Mike Carpenter, Interim Warden to motion not accepted for filing. (To be resubmitted - August 29, 2018) |
| Aug 27 2018 | Response to motion from petitioner Mike Carpenter, Interim Warden filed. |
| Aug 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. |
| Sep 19 2018 | Brief of respondent Patrick Dwayne Murphy filed. (Distributed) |
| Sep 24 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Sep 26 2018 | Brief amici curiae of David Boren, et al. filed. |
| Sep 26 2018 | Brief amicus curiae of Muscogee (Creek) Nation filed. |
| Sep 26 2018 | Brief amici curiae of Former United States Attorneys filed. |
| Sep 26 2018 | Brief amici curiae of National Indigenous Women's Resource Center, et al. filed. |
| Sep 26 2018 | Brief amici curiae of Historians, Legal Scholars, and Cherokee Nation filed. |
| Sep 26 2018 | Brief amicus curiae of National Congress of American Indians filed. |
| Sep 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. |
| Oct 09 2018 | SET FOR ARGUMENT ON Tuesday, November 27, 2018 |
| Oct 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. |
| Oct 15 2018 | Record requested from the U.S.C.A. 10th Circuit. |
| Oct 19 2018 | CIRCULATED |
| Oct 19 2018 | Reply of petitioner Mike Carpenter, Interim Warden filed. (Distributed) |
| Oct 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. |
| Oct 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. |
| Nov 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.) |
| Dec 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). |
| Dec 28 2018 | Supplemental brief of petitioner Mike Carpenter, Interim Warden filed. (Distributed) |
| Dec 28 2018 | Supplemental brief of respondent Patrick Dwayne Murphy filed. (Distributed) |
| Dec 28 2018 | Supplemental brief of Muscogee (Creek) Nation as amicus curiae filed. (Distributed) |
| Dec 28 2018 | Supplemental brief of United States of America as amicus curiae filed. (Distributed) |
| Jan 11 2019 | Supplemental reply brief of petitioner Mike Carpenter, Interim Warden filed. (Distributed) |
| Jan 11 2019 | Supplemental reply brief of respondent Patrick Dwayne Murphy filed. (Distributed) |
| Jan 11 2019 | Supplemental reply brief of amicus curiae United States of America filed. (Distributed) |
| Jan 11 2019 | Supplemental reply brief of amicus curiae Muscogee (Creek) Nation filed. (Distributed) |
| Feb 11 2019 | Letter from State of Maine regarding amici brief of States of Nebraska, et al. filed July 30, 2018, received. (Distributed). |
| Jun 27 2019 | This case is restored to the calendar for reargument. |
| Jul 31 2019 | Letter of July 25, 2019, received from counsel for the petitioner. |
| Aug 05 2019 | The record from the U.S.C.A. 10th Circuit has been returned |
| Jul 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. |
| Aug 10 2020 | JUDGMENT ISSUED. |
