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 |
Issue: (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
- Fallout from McGirt and testimony about future crimes (Mitchell Jagodinski, August 21, 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. |
| 08/06/2021 | Petition for a writ of certiorari filed. (Response due September 9, 2021) |
| 08/17/2021 | Blanket Consent filed by Petitioner, Oklahoma |
| 09/03/2021 | Joint stipulation for dismissal pursuant Rule 46.1 filed. |
| 09/10/2021 | Petition Dismissed - Rule 46. |