Supreme Court of the United States · Official docket →

Clayvin Herrera v. Wyoming

Paid petition · District Court of Wyoming, Sheridan County, No. 2016-242 · judgment April 25, 2017

Decided · May 20, 2019

Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether Wyoming's admission to the Union or the establishment of the Bighorn National Forest abrogated the Crow Tribe of Indians' 1868 federal treaty right to hunt on the "unoccupied lands of the United States," thereby permitting the present-day criminal conviction of a Crow member who engaged in subsistence hunting for his family.

Counsel of record

For petitioner
George William Hicks Jr.

For respondent
Peter K. Michael

Case

Conference history
Distributed for 3 conferences

Amicus briefs
4 cert-stage · 16 merits
(10 supporting pet./neither, 6 respondent)

Argument & decision

Argued January 8, 2019 — George W. Hicks · John G. Knepper. Audio and transcript

Decided May 20, 2019. Opinion by Sotomayor.

Proceedings

Jun 24 2019
Record from District Court Wyoming, Sheridan County was returned.
May 20 2019
Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Kagan, and Gorsuch, JJ., joined. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas and Kavanaugh, JJ., joined.
Jan 08 2019
Argued. For petitioner: George W. Hicks, Jr., Washington, D. C.; and Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: John G. Knepper, Chief Deputy Attorney General, Cheyenne, Wyo.
Dec 27 2018
Record from the District Court Wyoming, Sheridan County received (2 boxes).
Dec 13 2018
Reply of petitioner Clayvin Herrera filed. (Distributed)
Dec 11 2018
Record requested from U.S.D.C. Wyoming, Sheridan County.
Dec 03 2018
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 30 2018
CIRCULATED
Nov 28 2018
SET FOR ARGUMENT ON Tuesday, January 8, 2019
Nov 20 2018
Brief amici curiae of Western Association of Fish and Wildlife Agencies, et al. filed.
Nov 20 2018
Brief amici curiae of States of Nebraska, Kansas, Louisiana, North Dakota, South Dakota, and Texas filed.
Nov 20 2018
Brief amicus curiae of Association of Fish and Wildlife Agencies filed.
Nov 20 2018
Brief amici curiae of Wyoming Stock Growers Association, et al. filed.
Nov 20 2018
Brief amicus curiae of Safari Club International filed.
Nov 20 2018
Brief amici curiae of Citzen Equal Rights Foundation, Mille Lacs Equal Rights Foundation, City of Wakhon, Minnesota filed.
Nov 15 2018
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 13 2018
Brief of respondent Wyoming filed.
Oct 12 2018
Motion for a further extension of time to file respondent's brief on the merits granted and the time is extended to and including November 13, 2018.
Oct 11 2018
Motion for a further extension of time to file respondent's brief on the merits filed.
Oct 03 2018
Motion of Clayvin Herrera for an extension of time not accepted for filing. (Corrected motion submitted - October 12, 2018)
Sep 11 2018
Brief amici curiae of Southern Ute Indian Tribe and Ute Mountain Ute Tribe filed.
Sep 11 2018
Brief amici curiae of Shoshone-Bannock Tribes of the Fort Hall Reservation filed.
Sep 11 2018
Brief amicus curiae of United States filed.
Sep 11 2018
Brief amici curiae of Natural Resources Law Professors filed.
Sep 11 2018
Brief amici curiae of Pacific and Inland Northwest Treaty Tribes filed.
Sep 11 2018
Brief amici curiae of Timothy P. McCleary, et al. filed.
Sep 11 2018
Brief amicus curiae of Crow Tribe of Indians filed.
Sep 11 2018
Brief amici curiae of National Congress of American Indians, et al. filed.
Sep 11 2018
Brief amici curiae of Indian Law Professors filed.
Sep 10 2018
Brief amicus curiae of Eastern Shoshone Tribe filed.
Sep 04 2018
Joint appendix filed.
Sep 04 2018
Brief of petitioner Clayvin Herrera filed.
Aug 27 2018
Blanket Consent filed by Respondent, State of Wyoming
Aug 02 2018
Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 4, 2018. The time to file respondent's brief on the merits is extended to and including October 22, 2018.
Jul 31 2018
Blanket Consent filed by Petitioner, Clayvin Herrera.
Jul 30 2018
Motion for an extension of time to file the opening briefs on the merits filed.
Jun 28 2018
Petition GRANTED.
Jun 27 2018
DISTRIBUTED for Conference of 6/27/2018.
Jun 05 2018
DISTRIBUTED for Conference of 6/21/2018.
Jun 05 2018
Supplemental brief of petitioner Clayvin Herrera filed. (Distributed)
Jun 05 2018
Supplemental brief of respondent Wyoming filed. (Distributed)
May 22 2018
Brief amicus curiae of United States filed.
Jan 08 2018
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Nov 29 2017
DISTRIBUTED for Conference of 1/5/2018.
Nov 28 2017
Reply of petitioner Clayvin Herrera filed.
Nov 09 2017
Brief of respondent Wyoming in opposition filed.
Nov 09 2017
Brief amicus curiae of Crow Tribe of Indians filed.
Nov 09 2017
Brief amici curiae of Timothy P. McCleary, et al. filed.
Nov 08 2017
Brief amici curiae of Indian Law Professors filed.
Oct 24 2017
Blanket Consent filed by Respondent, Wyoming
Oct 12 2017
Blanket Consent filed by Petitioner, Clayvin Herrera
Oct 05 2017
Petition for a writ of certiorari filed. (Response due November 9, 2017)
Aug 09 2017
Application (17A158) granted by Justice Sotomayor extending the time to file until October 5, 2017.
Aug 07 2017
Application (17A158) to extend the time to file a petition for a writ of certiorari from September 4, 2017 to October 5, 2017, submitted to Justice Sotomayor.