Oklahoma v. Bosse
Application for stay granted on May 26, 2021. Justices Breyer, Sotomayor and Kagan would deny the application.
Docket No.20A161
Op. BelowOkla. Crim. App.
Issue
Whether the Supreme Court should stay, pending appeal, a mandate by the Oklahoma Court of Criminal Appeals granting post-conviction relief to a state death row inmate in light of McGirt v. Oklahoma.
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 7, 2021Response to application from respondent Shaun Michael Bosse filed.May 7, 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.
Recommended Citation: Oklahoma v. Bosse, SCOTUSblog, https://www.scotusblog.com/cases/oklahoma-v-bosse/