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Docket for 22-7466 *** CAPITAL CASE ***
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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
Questions Presented
 
Proceedings and Orders
Apr 26 2023 Application (22A941) for stay of execution of sentence of death submitted to Justice Kavanaugh. (Justice Gorsuch is recused).
Main Document Lower Court Orders/Opinions Other Proof of Service
May 01 2023 Response to application from respondent Oklahoma filed.
Main Document Proof of Service Main Document
May 04 2023 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 5, 2023)
Petition Appendix Certificate of Word Count Proof of Service Motion for Leave to Proceed in Forma Pauperis Proof of Service
May 05 2023 Application (22A941) referred to the Court.
May 05 2023 Application (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 2023 Motion to extend the time to file a response from June 5, 2023 to July 5, 2023, submitted to The Clerk.
Main Document
Jun 01 2023 Motion to extend the time to file a response is granted and the time is extended to and including July 5, 2023.
Jun 05 2023 Brief amicus curiae of The Innocence Project filed.
Main Document Proof of Service Certificate of Word Count
Jun 05 2023 Brief amici curiae of Nora Freeman Engstrom, et al. filed.
Main Document Proof of Service Certificate of Word Count
Jun 05 2023 Brief amici curiae of Derek Van Treese, et al. filed.
Main Document Certificate of Word Count Proof of Service
Jul 05 2023 Brief of respondent Oklahoma in support filed.
Main Document Proof of Service
Jul 19 2023 Reply of petitioner Richard Glossip filed. (Distributed)
Main Document Other Certificate of Word Count Proof of Service
Jul 20 2023 DISTRIBUTED for Conference of 9/26/2023.
Oct 02 2023 DISTRIBUTED for Conference of 10/6/2023.
Oct 10 2023 DISTRIBUTED for Conference of 10/13/2023.
Oct 23 2023 DISTRIBUTED for Conference of 10/27/2023.
Oct 30 2023 DISTRIBUTED for Conference of 11/3/2023.
Nov 06 2023 DISTRIBUTED for Conference of 11/9/2023.
Nov 13 2023 DISTRIBUTED for Conference of 11/17/2023.
Nov 27 2023 DISTRIBUTED for Conference of 12/1/2023.
Dec 01 2023 Rescheduled.
Dec 01 2023 DISTRIBUTED for Conference of 12/8/2023.
Jan 02 2024 DISTRIBUTED for Conference of 1/5/2024.
Jan 08 2024 DISTRIBUTED for Conference of 1/12/2024.
Jan 16 2024 DISTRIBUTED for Conference of 1/19/2024.
Jan 22 2024 Motion 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 2024 Motion 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).
Main Document Proof of Service Other
Jan 23 2024 Motion of the parties for an extension of time filed.
Main Document Proof of Service
Jan 24 2024 Letter of amici curiae Derek Van Treese, et al. opposing extension request not accepted for filing. (January 26, 2024)
Jan 26 2024 Christopher 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 2024 Motion 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 2024 Record requested from the Court of Criminal Appeals of Oklahoma.
Mar 27 2024 Motion for a further extension of time to file the briefs on the merits filed.
Main Document
Apr 04 2024 Motion 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 2024 Joint appendix filed (3 volumes).
Main Document Main Document Main Document
Apr 23 2024 Motion to file a supplemental volume of the joint appendix under seal filed by petitioner Richard Glossip.
Main Document
Apr 23 2024 Brief of petitioner Richard Glossip filed.
Main Document Certificate of Word Count Proof of Service
Apr 23 2024 Brief of respondent in support of petitioner filed.
Main Document Certificate of Word Count Proof of Service
Apr 30 2024 Brief amicus curiae of Innocence Project, Inc. filed.
Main Document Certificate of Word Count Proof of Service
Apr 30 2024 Brief amici curiae of American Civil Liberties Union, et al. filed.
Main Document Certificate of Word Count Proof of Service
Apr 30 2024 Brief amici curiae of Oklahoma State Legislators, Rep. Kevin McDugle, et al. filed.
Main Document Certificate of Word Count Proof of Service
Apr 30 2024 Brief amicus curiae of Kenneth T. Cuccinelli, II, Former Attorney General of the Commonwealth of Virginia filed.
Main Document Certificate of Word Count Proof of Service
Apr 30 2024 Brief amici curiae of The District of Columbia et al. in support of neither party filed.
Main Document Certificate of Word Count Proof of Service
Apr 30 2024 Brief amici curiae of Federal Courts Scholars filed.
Main Document Certificate of Word Count Proof of Service
Apr 30 2024 Brief amici curiae of Michael Cassidy, et al. filed.
Main Document Certificate of Word Count Proof of Service
Apr 30 2024 Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Main Document Other Certificate of Word Count Proof of Service
Apr 30 2024 Brief amici curiae of Former Members of the Oklahoma Death Penalty Review Commission filed.
Main Document Certificate of Word Count Proof of Service
Apr 30 2024 Brief amici curiae of Current and Former State and Federal Prosecutors filed.
Main Document Certificate of Word Count Proof of Service
May 20 2024 Motion 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 2024 Application (23A1052) to extend the time to file the reply briefs on the merits to and including August 14, 2024, submitted to Justice Kavanaugh.
Main Document
May 24 2024 Application (23A1052) granted by Justice Kavanaugh extending the time to file the reply briefs on the merits until August 14, 2024.
Jul 08 2024 Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed.
Certificate of Word Count Proof of Service Main Document
Jul 15 2024 Brief amicus curiae of State of Texas filed.
Main Document Certificate of Word Count Proof of Service
Jul 15 2024 Brief amici curiae of State of Utah, et al. filed.
Main Document Certificate of Word Count Proof of Service
Jul 15 2024 Brief amici curiae of Victim Family Members Derek Van Treese, et al. filed.
Main Document Certificate of Word Count Proof of Service
Jul 15 2024 Brief amicus curiae of Criminal Justice Legal Foundation filed.
Main Document Certificate of Word Count Proof of Service
Jul 18 2024 Joint motion of petitioner and respondent for divided argument filed.
Main Document Proof of Service Main Document
Jul 23 2024 Amended 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 2024 SET FOR ARGUMENT on Wednesday, October 9, 2024.
Aug 08 2024 CIRCULATED
Aug 14 2024 Reply of petitioner Richard Glossip filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Aug 14 2024 Reply of respondent Oklahoma in support of petitioner filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Aug 19 2024 Joint motion of petitioner and respondent for divided argument GRANTED. Justice Gorsuch took no part in the consideration or decision of this motion.
Aug 19 2024 Motion 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 2024 Letter from counsel of record for amicus curiae Kenneth T. Cuccinelli, II with respect to co-counsel filed.
Main Document
Oct 09 2024 Argued. 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 2025 Judgment 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 2025 Judgment and Mandate Issued.
Main Document
Attorneys
Attorneys for Petitioners
Seth P. Waxman
Counsel of Record
Wilmer Cutler Pickering Hale and Dorr LLP
2100 Pennsylvania Ave, NW
Washington, DC 20037
SETH.WAXMAN@WILMERHALE.COM
Ph: 202-663-6800
Party name: Richard Glossip


Amy Pickering Knight
Phillips Black, Inc.
1721 Broadway, Suite 201
Oakland, CA 94612
AMY@AMYKNIGHTLAW.COM
Ph: 520-878-8849
Party name: Richard Glossip


Attorneys for Respondents
Paul D. Clement
Counsel of Record
Clement & Murphy, PLLC
706 Duke Street
Alexandria, VA 22314
PAUL.CLEMENT@CLEMENTMURPHY.COM
Ph: (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
Ph: 202-538-8308
Party name: Court-appointed amicus curiae in support of the judgment below


Gentner F. Drummond
Oklahoma Attorney General
313 NE 21st Street
Oklahoma City, OK 73105
GENTNER.DRUMMOND@OAG.OK.GOV
Ph: 4055213921
Party name: Oklahoma


Other Attorneys
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
Ph: 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
Ph: 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
Ph: 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
Ph: (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
Ph: 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
Ph: 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
Ph: 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
Ph: +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
Ph: 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
Ph: 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
Ph: 13105525300
Party name: Current and Former State and Federal Prosecutors


Ann-Kathryn Rose Tria
McBreen & Senior
1901 Avenue of the Stars
Suite 450
Los Angeles, CA 90067
ATRIA@MCBREENSENIOR.COM
Ph: (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
Ph: (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
Ph: (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
Ph: 202-639-6000
Party name: American Civil Liberties Union, et al.

 

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