Supreme Court of the United States · Official docket →
Oklahoma v. Shaun Michael Bosse
Paid petition · Court of Criminal Appeals of Oklahoma, No. PCD-2019-124 · judgment March 11, 2021
Dismissed · September 10, 2021
Pre-decision estimate: 2% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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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.
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Whether a State has authority to prosecute nonIndians who commit crimes against Indians in Indian country.
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Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled. (I)
Counsel of record
For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP
For respondent
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Proceedings
- Sep 10 2021Petition Dismissed - Rule 46.
- Sep 03 2021Joint stipulation for dismissal pursuant Rule 46.1 filed.
- Aug 17 2021Blanket Consent filed by Petitioner, Oklahoma
- Aug 06 2021Petition for a writ of certiorari filed. (Response due September 9, 2021)
- May 26 2021Application (20A161) referred to the Court.
- May 26 2021Application (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.
- May 21 2021Supplemental brief of applicant Oklahoma filed.
- May 17 2021Motion for leave to file amicus brief filed by United States.
- May 12 2021Reply of applicant Oklahoma filed.
- May 07 2021Response to application from respondent Shaun Michael Bosse filed.
- May 07 2021Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Chickasaw Nation.
- Apr 27 2021Response to application (20A161) requested by Justice Gorsuch, due Friday, May 7, by 3 p.m. ET.
- Apr 26 2021Application (20A161) for a stay of mandate, submitted to Justice Gorsuch.