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Docket for 17-1107 *** CAPITAL CASE ***
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No. 17-1107 *** CAPITAL CASE ***
 
Title: Tommy Sharp, Interim Warden, Petitioner
v.
Patrick Dwayne Murphy
Docketed: February 7, 2018
Lower Ct: United States Court of Appeals for the Tenth Circuit
   Case Numbers: (07-7068, 15-7041)
   Decision Date: November 9, 2017
   Rehearing Denied: November 9, 2017
Questions Presented
 
Proceedings and Orders
Feb 06 2018 Petition for a writ of certiorari filed. (Response due March 9, 2018)
Petition Certificate of Word Count Proof of Service
Feb 26 2018 Motion to extend the time to file a response from March 9, 2018 to April 9, 2018, submitted to The Clerk.
Main Document
Feb 28 2018 Motion to extend the time to file a response is granted and the time is extended to and including April 9, 2018.
Mar 09 2018 Brief amicus curiae of Oklahoma Independent Petroleum Association filed.
Main Document Proof of Service Certificate of Word Count
Mar 09 2018 Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed.
Proof of Service Certificate of Word Count Main Document
Mar 09 2018 Brief amicus curiae of United States of America filed.
Certificate of Word Count Main Document
Apr 09 2018 Brief of respondent Patrick Dwayne Murphy in opposition filed.
Main Document Certificate of Word Count Proof of Service
Apr 23 2018 Reply of petitioner Terry Royal, Warden filed.
Main Document Proof of Service Certificate of Word Count
Apr 24 2018 DISTRIBUTED for Conference of 5/10/2018.
May 14 2018 DISTRIBUTED for Conference of 5/17/2018.
May 21 2018 Petition GRANTED. Justice Gorsuch took no part in the consideration or decision of this petition.
May 23 2018 Motion of Terry Royal, Warden for an extension of time not accepted for filing. (June 20, 2018)
Jun 20 2018 Motion for an extension of time filed.
Main Document
Jun 20 2018 Motion to extend the time to file the joint appendix and the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended and including July 23, 2018. The time to file respondent's brief on the merits is extended to and including September 7, 2018.
Jul 23 2018 Brief of petitioner Mike Carpenter, Interim Warden filed.
Main Document Proof of Service Certificate of Word Count
Jul 23 2018 Joint appendix (2 volumes) filed.
Main Document Main Document Proof of Service
Jul 25 2018 Letter of July 23, 2018, received from counsel for the petitioner.
Main Document
Jul 30 2018 Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed.
Main Document Certificate of Word Count Proof of Service
Jul 30 2018 Brief amicus curiae of United States of America filed.
Proof of Service Main Document
Jul 30 2018 Brief amicus curiae of Oklahoma Independent Petroleum Association filed.
Main Document Certificate of Word Count Proof of Service
Jul 30 2018 Brief amici curiae of Oklahoma Sheriffs’ Association, et al. filed.
Main Document Certificate of Word Count Proof of Service
Jul 30 2018 Brief amici curiae of States of Nebraska, Kansas, Louisiana, Michigan, Montana, South Dakota, Texas, Utah, Wyoming, and Paul R. LePage, Governor of Maine filed.
Main Document Certificate of Word Count Proof of Service
Jul 30 2018 Brief amici curiae of International Municipal Lawyers Association, et al. filed.
Main Document Certificate of Word Count Proof of Service
Aug 27 2018 Motion for a further extension of time filed.
Main Document
Aug 27 2018 Response of Mike Carpenter, Interim Warden to motion not accepted for filing. (To be resubmitted - August 29, 2018)
Aug 27 2018 Response to motion from petitioner Mike Carpenter, Interim Warden filed.
Main Document
Aug 29 2018 Motion for a further extension of time to file respondent's brief on the merits granted in part, and the time is extended to and including September 19, 2018.
Sep 19 2018 Brief of respondent Patrick Dwayne Murphy filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Sep 24 2018 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Proof of Service Main Document
Sep 26 2018 Brief amici curiae of David Boren, et al. filed.
Main Document Certificate of Word Count Proof of Service
Sep 26 2018 Brief amicus curiae of Muscogee (Creek) Nation filed.
Main Document Proof of Service Certificate of Word Count
Sep 26 2018 Brief amici curiae of Former United States Attorneys filed.
Main Document Certificate of Word Count Proof of Service
Sep 26 2018 Brief amici curiae of National Indigenous Women's Resource Center, et al. filed.
Main Document Certificate of Word Count Proof of Service
Sep 26 2018 Brief amici curiae of Historians, Legal Scholars, and Cherokee Nation filed.
Main Document Other Certificate of Word Count Proof of Service
Sep 26 2018 Brief amicus curiae of National Congress of American Indians filed.
Main Document Proof of Service Certificate of Word Count
Sep 26 2018 Joint motion of respondent and Muscogee (Creek) Nation for leave for Muscogee (Creek) Nation to participate in oral argument as amicus curiae and for divided argument filed.
Main Document Proof of Service
Oct 09 2018 SET FOR ARGUMENT ON Tuesday, November 27, 2018
Oct 09 2018 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Gorsuch and Justice Kavanaugh took no part in the consideration or decision of this motion.
Oct 15 2018 Record requested from the U.S.C.A. 10th Circuit.
Oct 19 2018 CIRCULATED
Oct 19 2018 Reply of petitioner Mike Carpenter, Interim Warden filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 22 2018 Record received from the U.S.C.A. 10th Circuit is electronic and located on PACER, with the exception of 5 Boxes of Pleadings.
Oct 26 2018 Joint motion of respondent and Muscogee (Creek) Nation for leave for Muscogee (Creek) Nation to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Gorsuch took no part in the consideration or decision of this motion.
Nov 27 2018 Argued. For petitioner: Lisa S. Blatt, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Ian H. Gershengorn, Washington, D. C.; and Riyaz A. Kanji, Ann Arbor, Mich. (for Muscogee (Creek) Nation, as amicus curiae.)
Dec 04 2018 The parties, the Solicitor General, and the Muscogee (Creek) Nation are directed to file supplemental briefs addressing the following two questions: (1) Whether any statute grants the state of Oklahoma jurisdiction over the prosecution of crimes committed by Indians in the area within the 1866 territorial boundaries of the Creek Nation, irrespective of the area’s reservation status. (2) Whether there are circumstances in which land qualifies as an Indian reservation but nonetheless does not meet the definition of Indian country as set forth in 18 U. S. C. §1151(a). The briefs, not to exceed 6,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, December 28, 2018. Reply briefs, not to exceed 3,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, January 11, 2019. (Justice Gorsuch, recused in this case).
Dec 28 2018 Supplemental brief of petitioner Mike Carpenter, Interim Warden filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 28 2018 Supplemental brief of respondent Patrick Dwayne Murphy filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 28 2018 Supplemental brief of Muscogee (Creek) Nation as amicus curiae filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
Dec 28 2018 Supplemental brief of United States of America as amicus curiae filed. (Distributed)
Certificate of Word Count Main Document
Jan 11 2019 Supplemental reply brief of petitioner Mike Carpenter, Interim Warden filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Jan 11 2019 Supplemental reply brief of respondent Patrick Dwayne Murphy filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Jan 11 2019 Supplemental reply brief of amicus curiae United States of America filed. (Distributed)
Proof of Service Main Document
Jan 11 2019 Supplemental reply brief of amicus curiae Muscogee (Creek) Nation filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Feb 11 2019 Letter from State of Maine regarding amici brief of States of Nebraska, et al. filed July 30, 2018, received. (Distributed).
Jun 27 2019 This case is restored to the calendar for reargument.
Jul 31 2019 Letter of July 25, 2019, received from counsel for the petitioner.
Main Document Proof of Service
Aug 05 2019 The record from the U.S.C.A. 10th Circuit has been returned
Jul 09 2020 Adjudged to be AFFIRMED. Justice Thomas and Justice Alito dissent. Justice Gorsuch took no part in the consideration or decision of this case. Opinion per curiam.
Aug 10 2020 JUDGMENT ISSUED.
Attorneys
Attorneys for Petitioners
Mithun Mansinghani
Counsel of Record
Solicitor General
Office of the Oklahoma Attorney General
313 NE 21st Street
Oklahoma City, OK 73105
mithun.mansinghani@oag.ok.gov
Ph: 405-522-4392
Party name: Tommy Sharp, Interim Warden


Attorneys for Respondents
Patti Palmer Ghezzi
Counsel of Record
Federal Public Defender
215 Dean A. McGee
Suite 707 Old Post Office Building
Oklahoma City, OK 73102
Patti_Ghezzi@fd.org
Ph: 405-609-5975
Party name: Patrick Dwayne Murphy


Other Attorneys
Lynn H. Slade
Counsel of Record
Modrall Sperling Roehl Harris & Sisk, P.A.
500 Fourth Street N.W., Suite 1000
Albuquerque, NM 87102
lynn.slade@modrall.com
Ph: 505-848-1800
Party name: Environmental Federation of Oklahoma, Inc., et al.


Jeffrey B. Wall
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
SUPREMECTBRIEFS!USDOJ.GOV
Ph: 202-514-2217
Party name: United States of America


Robert David Cheren
Counsel of Record
Baker & Hostetler LLP
2000 Key Tower, 127 Public Square
Cleveland, OH 44114
rcheren@bakerlaw.com
Ph: 2168616648
Party name: The Oklahoma Sheriffs’ Association, the Oklahoma District Attorneys Association, District Attorney O.R. Barris III, District Attorney Paul B. Smith, District Attorney Max Cook, District Attorney Orvil Loge, District Attorney Jack Thorpe, District Attorney Steve Kunzweiler, District Attorney Jeff Smith, District Attorney Chuck Sullivan, District Attorney Matt Ballard, and District Attorney Mike Fields


Troy A. Eid
Counsel of Record
Greenberg Traurig
1200 17th Street
Suite 2400
Denver, CO 80202
eidt@gtlaw.com
Ph: 3035726521
Party name: Former United States Attorneys Troy A. Eid, Barry R. Grissom, Thomas B. Heffelfinger, David Iglesias, Brendan V. Johnson, Wendy J. Olson, Timothy Q. Purdon and Danny C. Williams, Sr.


Blaine H. Evanson
Counsel of Record
Gibson, Dunn & Crutcher LLP
333 South Grand Avenue
Los Angeles, CA 90071
bevanson@gibsondunn.com
Ph: 213-229-7000
Party name: Oklahoma Independent Petroleum Association


Robert Harlan Henry
Counsel of Record
Robert H Henry Law Firm
512 North Broadway Ave, Suite 230
Oklahoma City, OK 73102
rh@rhhenrylaw.com
Ph: 405-516-7824
Party name: David Boren, et al.


Riyaz Amir Kanji
Counsel of Record
Kanji & Kantzen, PLLC
303 Detroit St
Ste 400
Ann Arbor, MI 48104
rkanji@kanjikatzen.com
Ph: 734-769-5400
Party name: Muscogee (Creek) Nation


David Andrew Lopez
Counsel of Record
Office of the Nebraska Attorney General
2115 State Capitol
Lincoln, NE 68509
dave.lopez@nebraska.gov
Ph: 4024713882
Party name: States of Nebraska, Kansas, Louisiana, Michigan, Montana, South Dakota, Texas, Utah, Wyoming, and Paul R. LePage, Governor of Maine


Mary Kathryn Nagle
Counsel of Record
Pipestem Law, P.C.
320 South Boston Ave, Suite 1705
Tulsa, OK 74103
mknagle@pipestemlaw.com
Ph: 2024070591
Party name: National Indigenous Women's Resource Center


Chrissi Ross Nimmo
Counsel of Record
Cherokee Nation
PO Box 1533
Tahlequah, OK 74465-1533
chrissi-nimmo@cherokee.org
Ph: 9184586998
Party name: Historians, Legal Scholars, and Cherokee Nation


Colette Routel
Counsel of Record
Mitchell Hamline School of Law
875 Summit Avenue
St. Paul, MN 55105
colette.routel@mitchellhamline.edu
Ph: 6512906327
Party name: National Congress of American Indians


Sarah M. Shalf
Counsel of Record
Emory University School of Law
Gambrell Hall
1301 Clifton Road NE
Atlanta, GA 30322-2770
sarah.shalf@emory.edu
Ph: 404-712-4652
Party name: International Municipal Lawyers Association, the International City/County Management Association, and the National Sheriffs’ Association

 

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