Oklahoma v. Bosse
Petition dismissed pursuant to Rule 46 on September 10, 2021
Docket No.21-186
Op. BelowOkla. Crim. App.
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.
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.
Aug 6, 2021Petition for a writ of certiorari filed. (Response due September 9, 2021)Aug 17, 2021Blanket Consent filed by Petitioner, OklahomaSep 3, 2021Joint stipulation for dismissal pursuant Rule 46.1 filed.Sep 10, 2021Petition Dismissed - Rule 46.
Recommended Citation: Oklahoma v. Bosse, SCOTUSblog, https://www.scotusblog.com/cases/oklahoma-v-bosse-2/