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Denezpi v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
20-7622 10th Cir. Feb 22, 2022 Jun 13, 2022 6-3 Barrett OT 2021

Holding: The double jeopardy clause does not bar successive prosecutions of distinct offenses arising from a single act, even if a single sovereign prosecutes them.

Judgment: Affirmed, 6-3, in an opinion by Justice Barrett on June 13, 2022. Justice Gorsuch filed a dissenting opinion, in which Justices Sotomayor and Kagan joined as to Parts I and III.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
03/26/2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 30, 2021)
04/05/2021Waiver of right of respondent United States to respond filed.
04/08/2021DISTRIBUTED for Conference of 4/23/2021.
04/19/2021Response Requested. (Due May 19, 2021)
05/12/2021Motion to extend the time to file a response from May 19, 2021 to June 18, 2021, submitted to The Clerk.
05/13/2021Motion to extend the time to file a response is granted and the time is extended to and including June 18, 2021.
06/15/2021Motion to extend the time to file a response from June 18, 2021 to July 19, 2021, submitted to The Clerk.
06/16/2021Motion to extend the time to file a response is granted and the time is further extended to and including July 19, 2021.
07/19/2021Brief of respondent United States in opposition filed.
08/05/2021DISTRIBUTED for Conference of 9/27/2021.
10/04/2021DISTRIBUTED for Conference of 10/8/2021.
10/12/2021DISTRIBUTED for Conference of 10/15/2021.
10/18/2021Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
11/18/2021Joint motion for an extension of time to file the briefs on the merits filed.
11/18/2021Joint 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.
12/07/2021Brief of petitioner Merle Denezpi filed.
12/07/2021Joint appendix filed (statement of cost filed.)
12/14/2021Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
12/17/2021ARGUMENT SET FOR Tuesday, February 22, 2022.
12/21/2021Record requested from the U.S.C.A. 10th Circuit.
01/11/2022Brief of respondent United States filed.
01/18/2022CIRCULATED
01/18/2022Brief amici curiae of Ute Mountain Ute Tribe, Eastern Shawnee Tribe of Oklahoma, Otoe-Missouria Tribe of Indians filed. (Distributed)
01/18/2022Brief amici curiae of National Indigenous Women's Resource Center and the National Congress of American Indians filed. (Distributed)
01/18/2022Brief amici curiae of Former United States Attorneys John C. Anderson, et al. filed. (Distributed)
01/18/2022Brief amici curiae of Federal Indian Law Scholars and Historians filed. (Distributed)
01/18/2022Brief amici curiae of States of Colorado, Nebraska, Nevada, and Utah filed. (Distributed)
02/09/2022Reply of petitioner Merle Denezpi filed. (Distributed)
02/22/2022Argued. For petitioner: Michael B. Kimberly, Washington, D. C. For respondent: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
02/23/2022Letter of the Solicitor General correcting a statement made by counsel for the government at oral argument filed. (Distributed)
06/13/2022Adjudged 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.
07/15/2022JUDGMENT ISSUED