Supreme Court Report

Supreme Court of the United States · Official docket →

Tommy Sharp, Interim Warden v. Patrick Dwayne Murphy

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 07-7068, 15-7041 · judgment November 9, 2017

Decided · July 9, 2020
Pre-decision estimate: 17% cert probability (95% interval 10%–28%)

Before the decision, about 4.2× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Whether the 1866 territorial boundaries of the Creek Nation within the former Indian Territory of eastern Oklahoma constitute an "Indian reservation" today under 18 U.S.C. § 1151(a).17-1107 JUSTICE GORSUCH TOOK NO PART. ORDER OF 12/4/2018: SUPPLEMENTAL BRIEFING 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). JUNE 27, 2019 CASE RESTORED TO THE CALENDAR FOR REARGUMENT.

Counsel of record

For petitioner
Mithun Mansinghani
Lehotsky Keller Cohn LLP

For respondent
Patti Palmer Ghezzi
Federal Public Defender

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 cert-stage · 12 merits
(6 supporting pet./neither, 6 respondent)

Argument & decision

Argued November 27, 2018 — Lisa S. Blatt · Ian H. Gershengorn. Audio and transcript

Decided July 9, 2020. Opinion by Per Curiam.

Proceedings

  1. Aug 10 2020
    JUDGMENT ISSUED.
  2. 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.
  3. Aug 05 2019
    The record from the U.S.C.A. 10th Circuit has been returned
  4. Jul 31 2019
    Letter of July 25, 2019, received from counsel for the petitioner.
  5. Jun 27 2019
    This case is restored to the calendar for reargument.
  6. Feb 11 2019
    Letter from State of Maine regarding amici brief of States of Nebraska, et al. filed July 30, 2018, received. (Distributed).
  7. Jan 11 2019
    Supplemental reply brief of petitioner Mike Carpenter, Interim Warden filed. (Distributed)
  8. Jan 11 2019
    Supplemental reply brief of respondent Patrick Dwayne Murphy filed. (Distributed)
  9. Jan 11 2019
    Supplemental reply brief of amicus curiae United States of America filed. (Distributed)
  10. Jan 11 2019
    Supplemental reply brief of amicus curiae Muscogee (Creek) Nation filed. (Distributed)
  11. Dec 28 2018
    Supplemental brief of petitioner Mike Carpenter, Interim Warden filed. (Distributed)
  12. Dec 28 2018
    Supplemental brief of respondent Patrick Dwayne Murphy filed. (Distributed)
  13. Dec 28 2018
    Supplemental brief of Muscogee (Creek) Nation as amicus curiae filed. (Distributed)
  14. Dec 28 2018
    Supplemental brief of United States of America as amicus curiae filed. (Distributed)
  15. 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).
  16. 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.)
  17. 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.
  18. 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.
  19. Oct 19 2018
    CIRCULATED
  20. Oct 19 2018
    Reply of petitioner Mike Carpenter, Interim Warden filed. (Distributed)
  21. Oct 15 2018
    Record requested from the U.S.C.A. 10th Circuit.
  22. Oct 09 2018
    SET FOR ARGUMENT ON Tuesday, November 27, 2018
  23. 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.
  24. Sep 26 2018
    Brief amici curiae of David Boren, et al. filed.
  25. Sep 26 2018
    Brief amicus curiae of Muscogee (Creek) Nation filed.
  26. Sep 26 2018
    Brief amici curiae of Former United States Attorneys filed.
  27. Sep 26 2018
    Brief amici curiae of National Indigenous Women's Resource Center, et al. filed.
  28. Sep 26 2018
    Brief amici curiae of Historians, Legal Scholars, and Cherokee Nation filed.
  29. Sep 26 2018
    Brief amicus curiae of National Congress of American Indians filed.
  30. 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.
  31. Sep 24 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  32. Sep 19 2018
    Brief of respondent Patrick Dwayne Murphy filed. (Distributed)
  33. 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.
  34. Aug 27 2018
    Motion for a further extension of time filed.
  35. Aug 27 2018
    Response of Mike Carpenter, Interim Warden to motion not accepted for filing. (To be resubmitted - August 29, 2018)
  36. Aug 27 2018
    Response to motion from petitioner Mike Carpenter, Interim Warden filed.
  37. Jul 30 2018
    Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed.
  38. Jul 30 2018
    Brief amicus curiae of United States of America filed.
  39. Jul 30 2018
    Brief amicus curiae of Oklahoma Independent Petroleum Association filed.
  40. Jul 30 2018
    Brief amici curiae of Oklahoma Sheriffs’ Association, et al. filed.
  41. 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.
  42. Jul 30 2018
    Brief amici curiae of International Municipal Lawyers Association, et al. filed.
  43. Jul 25 2018
    Letter of July 23, 2018, received from counsel for the petitioner.
  44. Jul 23 2018
    Brief of petitioner Mike Carpenter, Interim Warden filed.
  45. Jul 23 2018
    Joint appendix (2 volumes) filed.
  46. Jun 20 2018
    Motion for an extension of time filed.
  47. 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.
  48. May 23 2018
    Motion of Terry Royal, Warden for an extension of time not accepted for filing. (June 20, 2018)
  49. May 21 2018
    Petition GRANTED. Justice Gorsuch took no part in the consideration or decision of this petition.
  50. May 14 2018
    DISTRIBUTED for Conference of 5/17/2018.
  51. Apr 24 2018
    DISTRIBUTED for Conference of 5/10/2018.
  52. Apr 23 2018
    Reply of petitioner Terry Royal, Warden filed.
  53. Apr 09 2018
    Brief of respondent Patrick Dwayne Murphy in opposition filed.
  54. Mar 09 2018
    Brief amicus curiae of Oklahoma Independent Petroleum Association filed.
  55. Mar 09 2018
    Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed.
  56. Mar 09 2018
    Brief amicus curiae of United States of America filed.
  57. 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.
  58. Feb 26 2018
    Motion to extend the time to file a response from March 9, 2018 to April 9, 2018, submitted to The Clerk.
  59. Feb 06 2018
    Petition for a writ of certiorari filed. (Response due March 9, 2018)