Oklahoma v. Bosse
Petition dismissed pursuant to Rule 46 on September 10, 2021
Issues: (1) Whether a state may impose procedural or equitable bars to postconviction relief on the claim that the state lacked prosecutorial authority because the crime of conviction occurred in Indian country; (2) whether a state has authority to prosecute non-Indians who commit crimes against Indians in Indian country; and (3) whether McGirt v. Oklahoma, should be overruled.
Date | Proceedings and Orders (key to color coding) |
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Apr 26 2021 | Application (20A161) for a stay of mandate, submitted to Justice Gorsuch. |
Apr 27 2021 | Response to application (20A161) requested by Justice Gorsuch, due Friday, May 7, by 3 p.m. ET. |
May 07 2021 | Response to application from respondent Shaun Michael Bosse filed. |
May 07 2021 | Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Chickasaw Nation. |
May 12 2021 | Reply of applicant Oklahoma filed. |
May 17 2021 | Motion for leave to file amicus brief filed by United States. |
May 21 2021 | Supplemental brief of applicant Oklahoma filed. |
May 26 2021 | Application (20A161) referred to the Court. |
May 26 2021 | Application (20A161) granted by the Court. The application to stay the mandate of the Court of Criminal Appeals of Oklahoma, case No. PCD-2019-124, presented to Justice Gorsuch and by him referred to the Court is granted pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the issuance of the mandate of this Court.
Justice Breyer, Justice Sotomayor, and Justice Kagan would deny the application. |
Aug 06 2021 | Petition for a writ of certiorari filed. (Response due September 9, 2021) |
Aug 17 2021 | Blanket Consent filed by Petitioner, Oklahoma |
Sep 03 2021 | Joint stipulation for dismissal pursuant Rule 46.1 filed. |
Sep 10 2021 | Petition Dismissed - Rule 46. |