No. 20-7622
Title:Merle Denezpi, Petitioner
v.
United States
Docketed:March 31, 2021
Lower Ct:United States Court of Appeals for the Tenth Circuit
   Case Numbers:(19-1213)
   Decision Date:October 28, 2020
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Mar 26 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 30, 2021)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixCertificate of Word CountProof of Service
Apr 05 2021Waiver of right of respondent United States to respond filed.
Main Document
Apr 08 2021DISTRIBUTED for Conference of 4/23/2021.
Apr 19 2021Response Requested. (Due May 19, 2021)
May 12 2021Motion to extend the time to file a response from May 19, 2021 to June 18, 2021, submitted to The Clerk.
Main Document
May 13 2021Motion to extend the time to file a response is granted and the time is extended to and including June 18, 2021.
Jun 15 2021Motion to extend the time to file a response from June 18, 2021 to July 19, 2021, submitted to The Clerk.
Main Document
Jun 16 2021Motion to extend the time to file a response is granted and the time is further extended to and including July 19, 2021.
Jul 19 2021Brief of respondent United States in opposition filed.
Main DocumentProof of Service
Aug 05 2021DISTRIBUTED for Conference of 9/27/2021.
Oct 04 2021DISTRIBUTED for Conference of 10/8/2021.
Oct 12 2021DISTRIBUTED for Conference of 10/15/2021.
Oct 18 2021Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Nov 18 2021Joint motion for an extension of time to file the briefs on the merits filed.
Main Document
Nov 18 2021Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 7, 2021. The time to file respondent's brief on the merits is extended to and including January 11, 2022.
Dec 07 2021Brief of petitioner Merle Denezpi filed.
Main DocumentCertificate of Word CountProof of Service
Dec 07 2021Joint appendix filed (statement of cost filed.)
Main DocumentProof of Service
Dec 14 2021Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Main DocumentCertificate of Word CountProof of Service
Dec 17 2021ARGUMENT SET FOR Tuesday, February 22, 2022.
Dec 21 2021Record requested from the U.S.C.A. 10th Circuit.
Jan 11 2022Brief of respondent United States filed.
Main DocumentCertificate of Word Count
Jan 18 2022CIRCULATED
Jan 18 2022Brief amici curiae of Ute Mountain Ute Tribe, Eastern Shawnee Tribe of Oklahoma, Otoe-Missouria Tribe of Indians filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 18 2022Brief amici curiae of National Indigenous Women's Resource Center and the National Congress of American Indians filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 18 2022Brief amici curiae of Former United States Attorneys John C. Anderson, et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 18 2022Brief amici curiae of Federal Indian Law Scholars and Historians filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 18 2022Brief amici curiae of States of Colorado, Nebraska, Nevada, and Utah filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Feb 09 2022Reply of petitioner Merle Denezpi filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Feb 22 2022Argued. For petitioner: Michael B. Kimberly, Washington, D. C. For respondent: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Feb 23 2022Letter of the Solicitor General correcting a statement made by counsel for the government at oral argument filed. (Distributed)
Main Document
Jun 13 2022Adjudged to be AFFIRMED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Alito, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined as to Parts I and III.
Jul 15 2022JUDGMENT ISSUED

NAMEADDRESSPHONE
Attorneys for Petitioner
Michael B. Kimberly
    Counsel of Record
McDermott Will & Emery LLP
500 North Capitol Street NW
The McDermott Building
Washington, DC 20001

mkimberly@mwe.com
(202) 756-8901
Party name: Merle Denezpi
Theresa M. DuncanDuncan Earnest LLC
P.O. Box 2769
Santa Fe, NM 87504

teri@duncanearnest.com
5057106586
Party name: Merle Denezpi
Attorneys for Respondent
Elizabeth B. Prelogar
    Counsel of Record
Solicitor General
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
202-514-2217
Party name: United States
Other
Ian Heath Gershengorn
    Counsel of Record
Jenner & Block
1099 New York Ave., NW
Suite 900
Washington, DC 20001

IGershengorn@jenner.com
202-639-6000
Party name: Federal Indian Law Scholars and Historians
Keith James Hilzendeger
    Counsel of Record
Federal Public Defender, District of Arizona
850 West Adams Street
Suite 201
Phoenix, AZ 85007

keith_hilzendeger@fd.org
6023822781
Party name: National Association of Criminal Defense Lawyers
Mary Kathryn Nagle
    Counsel of Record
Pipestem and Nagle Law PC
401 S. Boston Ave
Suite 2200
Tulsa, OK 74103

mknagle@pipestemlaw.com
2024070591
Party name: National Indigenous Women's Resource Center and the National Congress of American Indians
Eric Reuel Olson
    Counsel of Record
Solicitor General
1300 Broadway
10th Floor
Denver, CO 80203

eric.olson@coag.gov
7205086548
Party name: States of Colorado, Nebraska, Nevada, and Utah
Robert Trent Shores
    Counsel of Record
GableGotwals
110 North Elgin, Suite 200
Tulsa, OK 74137

tshores@gablelaw.com
918-595-4800
Party name: Former United States Attorneys John C. Anderson, et al.
Jennifer H. Weddle
    Counsel of Record
Greenberg Traurig
1144 15th Street, Ste. 3300
Suite 3300
Denver, CO 80202

weddlej@gtlaw.com
3035726565
Party name: Ute Mountain Ute Tribe, Eastern Shawnee Tribe of Oklahoma, Otoe-Missouria Tribe of Indians