No. 22-7466 *** CAPITAL CASE ***
Title:Richard Eugene Glossip, Petitioner
v.
Oklahoma
Docketed:May 4, 2023
Linked with 22A941, 23A1052
Lower Ct:Court of Criminal Appeals of Oklahoma
   Case Numbers:(PCD-2023-267)
   Decision Date:April 20, 2023
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Apr 26 2023Application (22A941) for stay of execution of sentence of death submitted to Justice Kavanaugh. (Justice Gorsuch is recused).
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May 01 2023Response to application from respondent Oklahoma filed.
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May 04 2023Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 5, 2023)
PetitionAppendixCertificate of Word CountProof of ServiceMotion for Leave to Proceed in Forma PauperisProof of Service
May 05 2023Application (22A941) referred to the Court.
May 05 2023Application (22A941) for stay of execution of sentence of death presented to Justice Kavanaugh and by him referred to the Court is granted pending the disposition of the petitions for writs of certiorari, Nos. 22-6500 and 22-7466. Should both petitions for writs of certiorari be denied, this stay shall terminate automatically. In the event either petition for a writ of certiorari is granted, the stay shall terminate upon the issuance of the mandate of this Court. Justice Gorsuch took not part in the consideration or decision of this application.
May 31 2023Motion to extend the time to file a response from June 5, 2023 to July 5, 2023, submitted to The Clerk.
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Jun 01 2023Motion to extend the time to file a response is granted and the time is extended to and including July 5, 2023.
Jun 05 2023Brief amicus curiae of The Innocence Project filed.
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Jun 05 2023Brief amici curiae of Nora Freeman Engstrom, et al. filed.
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Jun 05 2023Brief amici curiae of Derek Van Treese, et al. filed.
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Jul 05 2023Brief of respondent Oklahoma in support filed.
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Jul 19 2023Reply of petitioner Richard Glossip filed. (Distributed)
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Jul 20 2023DISTRIBUTED for Conference of 9/26/2023.
Oct 02 2023DISTRIBUTED for Conference of 10/6/2023.
Oct 10 2023DISTRIBUTED for Conference of 10/13/2023.
Oct 23 2023DISTRIBUTED for Conference of 10/27/2023.
Oct 30 2023DISTRIBUTED for Conference of 11/3/2023.
Nov 06 2023DISTRIBUTED for Conference of 11/9/2023.
Nov 13 2023DISTRIBUTED for Conference of 11/17/2023.
Nov 27 2023DISTRIBUTED for Conference of 12/1/2023.
Dec 01 2023Rescheduled.
Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
Jan 02 2024DISTRIBUTED for Conference of 1/5/2024.
Jan 08 2024DISTRIBUTED for Conference of 1/12/2024.
Jan 16 2024DISTRIBUTED for Conference of 1/19/2024.
Jan 22 2024Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. In addition to the questions presented, the parties are directed to brief and argue the following question: Whether the Oklahoma Court of Criminal Appeals' holding that the Oklahoma Post-Conviction Procedure Act precluded post-conviction relief is an adequate and independent state-law ground for the judgment. Justice Gorsuch took no part in the consideration or decision of this motion and this petition.
Jan 23 2024Motion of Derek Van Treese, et al. for leave to participate in oral argument as amici curiae and for divided argument filed (amended July 23, 2024).
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Jan 23 2024Motion of the parties for an extension of time filed.
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Jan 24 2024Letter of amici curiae Derek Van Treese, et al. opposing extension request not accepted for filing. (January 26, 2024)
Jan 26 2024Christopher G. Michel, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below. Justice Gorsuch took no part in the consideration or decision of this order.
Jan 26 2024Motion of the parties for an extension of time to file granted. The time to file the joint appendix, petitioner's brief on the merits, and respondent's brief on the merits in support is extended to and including April 8, 2024.
Mar 08 2024Record requested from the Court of Criminal Appeals of Oklahoma.
Mar 27 2024Motion for a further extension of time to file the briefs on the merits filed.
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Apr 04 2024Motion for a further extension of time within which to file the briefs on the merits granted. The time to file the joint appendix, petitioner's brief on the merits and respondent's brief in support is further extended to and including April 23, 2024. The time to file the brief of Court-appointed amicus curiae in support of the judgment below is extended to and including July 8, 2024.
Apr 23 2024Joint appendix filed (3 volumes).
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Apr 23 2024Motion to file a supplemental volume of the joint appendix under seal filed by petitioner Richard Glossip.
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Apr 23 2024Brief of petitioner Richard Glossip filed.
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Apr 23 2024Brief of respondent in support of petitioner filed.
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Apr 30 2024Brief amicus curiae of Innocence Project, Inc. filed.
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Apr 30 2024Brief amici curiae of American Civil Liberties Union, et al. filed.
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Apr 30 2024Brief amici curiae of Oklahoma State Legislators, Rep. Kevin McDugle, et al. filed.
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Apr 30 2024Brief amicus curiae of Kenneth T. Cuccinelli, II, Former Attorney General of the Commonwealth of Virginia filed.
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Apr 30 2024Brief amici curiae of The District of Columbia et al. in support of neither party filed.
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Apr 30 2024Brief amici curiae of Federal Courts Scholars filed.
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Apr 30 2024Brief amici curiae of Michael Cassidy, et al. filed.
Main DocumentCertificate of Word CountProof of Service
Apr 30 2024Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
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Apr 30 2024Brief amici curiae of Former Members of the Oklahoma Death Penalty Review Commission filed.
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Apr 30 2024Brief amici curiae of Current and Former State and Federal Prosecutors filed.
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May 20 2024Motion for leave to file a supplemental volume of the joint appendix under seal GRANTED. Justice Gorsuch took no part in the consideration or decision of this motion.
May 21 2024Application (23A1052) to extend the time to file the reply briefs on the merits to and including August 14, 2024, submitted to Justice Kavanaugh.
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May 24 2024Application (23A1052) granted by Justice Kavanaugh extending the time to file the reply briefs on the merits until August 14, 2024.
Jul 08 2024Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed.
Certificate of Word CountProof of ServiceMain Document
Jul 15 2024Brief amicus curiae of State of Texas filed.
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Jul 15 2024Brief amici curiae of State of Utah, et al. filed.
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Jul 15 2024Brief amici curiae of Victim Family Members Derek Van Treese, et al. filed.
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Jul 15 2024Brief amicus curiae of Criminal Justice Legal Foundation filed.
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Jul 18 2024Joint motion of petitioner and respondent for divided argument filed.
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Jul 23 2024Amended motion of Derek Van Treese, et al. for leave to participate in oral argument as amici curiae and for divided argument accepted July 23, 2024. (See January 23, 2024 motion filed entry)
Jul 26 2024SET FOR ARGUMENT on Wednesday, October 9, 2024.
Aug 08 2024CIRCULATED
Aug 14 2024Reply of petitioner Richard Glossip filed. (Distributed)
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Aug 14 2024Reply of respondent Oklahoma in support of petitioner filed. (Distributed)
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Aug 19 2024Joint motion of petitioner and respondent for divided argument GRANTED. Justice Gorsuch took no part in the consideration or decision of this motion.
Aug 19 2024Motion of Derek Van Treese, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED. Justice Gorsuch took no part in the consideration or decision of this motion.
Oct 08 2024Letter from counsel of record for amicus curiae Kenneth T. Cuccinelli, II with respect to co-counsel filed.
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Oct 09 2024Argued. For petitioner: Seth P. Waxman, Washington, D. C. For respondent in support of petitioner: Paul D. Clement, Alexandria, Va. For Court-appointed amicus curiae in support of judgment below: Christopher G. Michel, Washington, D. C.
Feb 25 2025Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kagan, Kavanaugh, and Jackson, JJ., joined, and in which Barrett, J., joined as to Part II. Barrett, J., filed an opinion concurring in part and dissenting in part. Thomas, J., filed a dissenting opinion, in which Alito, J., joined, and in which Barrett, J., joined as to Parts IV–A–1, IV–A–2, and IV–A–3. Gorsuch, J., took no part in the consideration or decision of the case.
Mar 31 2025Judgment and Mandate Issued.
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NAMEADDRESSPHONE
Attorneys for Petitioner
Seth P. Waxman
    Counsel of Record		Wilmer Cutler Pickering Hale and Dorr LLP
2100 Pennsylvania Ave, NW
Washington, DC 20037

SETH.WAXMAN@WILMERHALE.COM		202-663-6800
Party name: Richard Glossip
Amy Pickering KnightPhillips Black, Inc.
1721 Broadway, Suite 201
Oakland, CA 94612

AMY@AMYKNIGHTLAW.COM		520-878-8849
Party name: Richard Glossip
Attorneys for Respondent
Paul D. Clement
    Counsel of Record		Clement & Murphy, PLLC
706 Duke Street
Alexandria, VA 22314

PAUL.CLEMENT@CLEMENTMURPHY.COM		(202) 742-8900
Party name: Oklahoma
Christopher George Michel
    Counsel of Record		Quinn Emanuel Urquhart & Sullivan, LLP
1300 I St. NW
Suite 900
Washington, DC 20005

CHRISTOPHERMICHEL@QUINNEMANUEL.COM		202-538-8308
Party name: Court-appointed amicus curiae in support of the judgment below
Gentner F. DrummondOklahoma Attorney General
313 NE 21st Street
Oklahoma City, OK 73105

GENTNER.DRUMMOND@OAG.OK.GOV		4055213921
Party name: Oklahoma
Other
Barbara Ellen Bergman
    Counsel of Record		James E. Rogers College of Law
University of Arizona
1201 E. Speedway Blvd.
Tucson, AZ 85721-0176

bbergman@arizona.edu		520-621-3984
Party name: National Association of Criminal Defense Lawyers
Melanie Lynn Bostwick
    Counsel of Record		Orrick, Herrington & Sutcliffe LLP
2100 Pennsylvania Avenue, NW
Washington, DC 20037

MBOSTWICK@ORRICK.COM		202-339-8483
Party name: Federal Courts Scholars
Paul G. Cassell
    Counsel of Record		Utah Appellate Project
S.J. Quinney College of Law at the University of Utah
383 S. University St.
Salt Lake City, UT 84112

pgcassell.law@gmail.com		8015855202
Party name: Derek Van Treese, Donna Van Treese, and Alana Mileto
Emmet T. Flood
    Counsel of Record		Williams & Connolly LLP
680 Maine Avenue SW
Washington, DC 20024

eflood@wc.com		(202) 434-5000
Party name: Kenneth T. Cuccinelli, II, Former Attorney General of the Commonwealth of Virginia
Gregory George Garre
    Counsel of Record		Latham & Watkins LLP
555 Eleventh Street, NW
Suite 1000
Washington, DC 20004

GREGORY.GARRE@LW.COM		202-637-2207
Party name: Rep. Kevin McDugle, Rep. J.J. Humphrey, Sen. David Bullard, Sen. Blake Stephens, and Former Rep. Gary Mize
Andrianna Kastanek
    Counsel of Record		Jenner & Block LLP
353 N. Clark St.
Chicago, IL 60654

AKastanek@jenner.com		312-222-9350
Party name: Innocence Project, Inc.
Aaron Lloyd Nielson
    Counsel of Record		Office of the Texas Attorney General
P.O. Box 12548 (MC-059)
Austin, TX 78711-2548

aaron.nielson@oag.texas.gov		512-936-1700
Party name: State of Texas
Carter G. Phillips
    Counsel of Record		Sidley Austin LLP
1501 K Street, N.W.
Washington, DC 20005

CPHILLIPS@SIDLEY.COM		+1 202 736 8000
Party name: Former Members of the Oklahoma Death Penalty Review Commission
Stanford Edward Purser
    Counsel of Record		Office of the Utah Attorney General
160 E. 300 S., 5th Floor
PO Box 140858
Salt Lake City, UT 84114-0858

SPURSER@AGUTAH.GOV		385-382-4334
Party name: State of Utah
Kent S. Scheidegger
    Counsel of Record		Criminal Justice Legal Fdtn.
2131 L Street
Sacramento, CA 95816

briefs@cjlf.org		9164460345
Party name: Criminal Justice Legal Foundation
David A. Senior
    Counsel of Record		McBreen & Senior
1901 Avenue of the Stars
Suite 450
Los Angeles, CA 90067

DSENIOR@MCBREENSENIOR.COM		13105525300
Party name: Current and Former State and Federal Prosecutors
Ann-Kathryn Rose TriaMcBreen & Senior
1901 Avenue of the Stars
Suite 450
Los Angeles, CA 90067

ATRIA@MCBREENSENIOR.COM		(310) 552-5300
Party name: Current and Former State and Federal Prosecutors
Caroline Sage Van Zile
    Counsel of Record		Office of the Attorney General for D.C.
Office of the Solicitor General
400 6th Street, NW, Suite 8100
Washington, DC 20001

caroline.vanzile@dc.gov		(202) 724-6609
Party name: The District of Columbia et al.
Meaghan Elizabeth McLaine VerGow
    Counsel of Record		O'Melveny & Myers LLP
1625 Eye Street, NW
Washington, DC 20006

mvergow@omm.com		(202)-383-5300
Party name: Michael Cassidy, Nora Freeman Engstrom, et al.
William Robert Weaver
    Counsel of Record		Jenner and Block LLP
1099 New York Avenue NW
Suite 900
Washington, DC 20001

WWeaver@jenner.com		202-639-6000
Party name: American Civil Liberties Union, et al.