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Glossip v. Oklahoma

Docket No. Op. Below Argument Opinion Vote Author Term
22-7466 Okla. Crim. App. Oct 9, 2024 Feb 25, 2025 5-3 Sotomayor OT 2024

Holding: The court has jurisdiction to review the judgment of the Oklahoma Court of Criminal Appeals; the prosecution violated its constitutional obligation to correct false testimony under Napue v. Illinois.

Judgment: Reversed and remanded, 5-3, in an opinion by Justice Sotomayor on February 25, 2025. Justice Barrett joined as to Part II. Justice Barrett filed an opinion concurring in part and dissenting in part. Justice Thomas filed a dissenting opinion, in which Justice Alito joined, and in which Justice Barrett joined as to Parts IV-A-1, IV-A-2, and IV-A-3. Justice Gorsuch took no part in the consideration or decision of the case.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
04/26/2023Application (22A941) for stay of execution of sentence of death submitted to Justice Kavanaugh. (Justice Gorsuch is recused).
05/01/2023Response to application from respondent Oklahoma filed.
05/04/2023Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 5, 2023)
05/05/2023Application (22A941) referred to the Court.
05/05/2023Application (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.
05/31/2023Motion to extend the time to file a response from June 5, 2023 to July 5, 2023, submitted to The Clerk.
06/01/2023Motion to extend the time to file a response is granted and the time is extended to and including July 5, 2023.
06/05/2023Brief amicus curiae of The Innocence Project filed.
06/05/2023Brief amici curiae of Nora Freeman Engstrom, et al. filed.
06/05/2023Brief amici curiae of Derek Van Treese, et al. filed.
07/05/2023Brief of respondent Oklahoma in support filed.
07/19/2023Reply of petitioner Richard Glossip filed. (Distributed)
07/20/2023DISTRIBUTED for Conference of 9/26/2023.
10/02/2023DISTRIBUTED for Conference of 10/6/2023.
10/10/2023DISTRIBUTED for Conference of 10/13/2023.
10/23/2023DISTRIBUTED for Conference of 10/27/2023.
10/30/2023DISTRIBUTED for Conference of 11/3/2023.
11/06/2023DISTRIBUTED for Conference of 11/9/2023.
11/13/2023DISTRIBUTED for Conference of 11/17/2023.
11/27/2023DISTRIBUTED for Conference of 12/1/2023.
12/01/2023Rescheduled.
12/01/2023DISTRIBUTED for Conference of 12/8/2023.
01/02/2024DISTRIBUTED for Conference of 1/5/2024.
01/08/2024DISTRIBUTED for Conference of 1/12/2024.
01/16/2024DISTRIBUTED for Conference of 1/19/2024.
01/22/2024Motion 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.
01/23/2024Motion 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).
01/23/2024Motion of the parties for an extension of time filed.
01/24/2024Letter of amici curiae Derek Van Treese, et al. opposing extension request not accepted for filing. (January 26, 2024)
01/26/2024Christopher 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.
01/26/2024Motion 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.
03/08/2024Record requested from the Court of Criminal Appeals of Oklahoma.
03/27/2024Motion for a further extension of time to file the briefs on the merits filed.
04/04/2024Motion 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.
04/23/2024Joint appendix filed (3 volumes).
04/23/2024Motion to file a supplemental volume of the joint appendix under seal filed by petitioner Richard Glossip.
04/23/2024Brief of petitioner Richard Glossip filed.
04/23/2024Brief of respondent in support of petitioner filed.
04/30/2024Brief amicus curiae of Innocence Project, Inc. filed.
04/30/2024Brief amici curiae of American Civil Liberties Union, et al. filed.
04/30/2024Brief amici curiae of Oklahoma State Legislators, Rep. Kevin McDugle, et al. filed.
04/30/2024Brief amicus curiae of Kenneth T. Cuccinelli, II, Former Attorney General of the Commonwealth of Virginia filed.
04/30/2024Brief amici curiae of The District of Columbia et al. in support of neither party filed.
04/30/2024Brief amici curiae of Federal Courts Scholars filed.
04/30/2024Brief amici curiae of Michael Cassidy, et al. filed.
04/30/2024Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
04/30/2024Brief amici curiae of Former Members of the Oklahoma Death Penalty Review Commission filed.
04/30/2024Brief amici curiae of Current and Former State and Federal Prosecutors filed.
05/20/2024Motion 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.
05/21/2024Application (23A1052) to extend the time to file the reply briefs on the merits to and including August 14, 2024, submitted to Justice Kavanaugh.
05/24/2024Application (23A1052) granted by Justice Kavanaugh extending the time to file the reply briefs on the merits until August 14, 2024.
07/08/2024Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed.
07/15/2024Brief amicus curiae of State of Texas filed.
07/15/2024Brief amici curiae of State of Utah, et al. filed.
07/15/2024Brief amici curiae of Victim Family Members Derek Van Treese, et al. filed.
07/15/2024Brief amicus curiae of Criminal Justice Legal Foundation filed.
07/18/2024Joint motion of petitioner and respondent for divided argument filed.
07/23/2024Amended 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)
07/26/2024SET FOR ARGUMENT on Wednesday, October 9, 2024.
08/08/2024CIRCULATED
08/14/2024Reply of petitioner Richard Glossip filed. (Distributed)
08/14/2024Reply of respondent Oklahoma in support of petitioner filed. (Distributed)
08/19/2024Joint motion of petitioner and respondent for divided argument GRANTED. Justice Gorsuch took no part in the consideration or decision of this motion.
08/19/2024Motion 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.
10/08/2024Letter from counsel of record for amicus curiae Kenneth T. Cuccinelli, II with respect to co-counsel filed.
10/09/2024Argued. 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.
02/25/2025Judgment 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.
03/31/2025Judgment and Mandate Issued.