Supreme Court of the United States · Official docket →
Merle Denezpi v. United States
IFP petition · United States Court of Appeals for the Tenth Circuit, No. 19-1213 · judgment October 28, 2020
Decided · June 13, 2022
Question presented
Is the Court of Indian Offenses of Ute Mountain Ute Agency a federal agency such that Merle Denezpi's conviction in that court barred his subsequent prosecution in a United States District Court for a crime arising out of the same incident?
Counsel of record
For petitioner
Michael B. Kimberly
McDermott Will & Emery LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 4 conferences
Amicus briefs
6 merits
(1 supporting pet./neither, 5 respondent)
Argument & decision
Argued February 22, 2022 — Michael B. Kimberly · Erica L. Ross. Audio and transcript
Decided June 13, 2022. Opinion by Barrett.
Proceedings
- Jul 15 2022JUDGMENT ISSUED
- Jun 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.
- Feb 23 2022Letter of the Solicitor General correcting a statement made by counsel for the government at oral argument filed. (Distributed)
- Feb 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.
- Feb 09 2022Reply of petitioner Merle Denezpi filed. (Distributed)
- Jan 18 2022CIRCULATED
- Jan 18 2022Brief amici curiae of Ute Mountain Ute Tribe, Eastern Shawnee Tribe of Oklahoma, Otoe-Missouria Tribe of Indians filed. (Distributed)
- Jan 18 2022Brief amici curiae of National Indigenous Women's Resource Center and the National Congress of American Indians filed. (Distributed)
- Jan 18 2022Brief amici curiae of Former United States Attorneys John C. Anderson, et al. filed. (Distributed)
- Jan 18 2022Brief amici curiae of Federal Indian Law Scholars and Historians filed. (Distributed)
- Jan 18 2022Brief amici curiae of States of Colorado, Nebraska, Nevada, and Utah filed. (Distributed)
- Jan 11 2022Brief of respondent United States filed.
- Dec 21 2021Record requested from the U.S.C.A. 10th Circuit.
- Dec 17 2021ARGUMENT SET FOR Tuesday, February 22, 2022.
- Dec 14 2021Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Dec 07 2021Brief of petitioner Merle Denezpi filed.
- Dec 07 2021Joint appendix filed (statement of cost filed.)
- Nov 18 2021Joint motion for an extension of time to file the briefs on the merits filed.
- Nov 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.
- Oct 18 2021Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
- Oct 12 2021DISTRIBUTED for Conference of 10/15/2021.
- Oct 04 2021DISTRIBUTED for Conference of 10/8/2021.
- Aug 05 2021DISTRIBUTED for Conference of 9/27/2021.
- Jul 19 2021Brief of respondent United States in opposition filed.
- Jun 16 2021Motion to extend the time to file a response is granted and the time is further extended to and including July 19, 2021.
- Jun 15 2021Motion to extend the time to file a response from June 18, 2021 to July 19, 2021, submitted to The Clerk.
- May 13 2021Motion to extend the time to file a response is granted and the time is extended to and including June 18, 2021.
- May 12 2021Motion to extend the time to file a response from May 19, 2021 to June 18, 2021, submitted to The Clerk.
- Apr 19 2021Response Requested. (Due May 19, 2021)
- Apr 08 2021DISTRIBUTED for Conference of 4/23/2021.
- Apr 05 2021Waiver of right of respondent United States to respond filed.
- Mar 26 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 30, 2021)