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Oklahoma v. Erik Sherney Williams

Paid petition · Court of Criminal Appeals of Oklahoma, No. F-2016-937 · judgment March 25, 2021

GVR'd · June 30, 2022
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

  1. Whether a State has authority to prosecute non-Indians who commit crimes against Indians in Indian country.

  2. Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.

Counsel of record

For petitioner
Mithun Mansinghani
Solicitor General

For respondent
Zachary Charles Schauf
Jenner & Block, LLP

Case

Conference history
Distributed for 4 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Aug 01 2022
    JUDGMENT ISSUED
  2. Aug 01 2022
    MANDATE ISSUED
  3. Jun 30 2022
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  4. Jun 30 2022
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Oklahoma v. Castro-Huerta, 597 U. S. ___ (2022).
  5. Jun 29 2022
    DISTRIBUTED for Conference of 6/29/2022.
  6. Jan 18 2022
    DISTRIBUTED for Conference of 1/21/2022.
  7. Jan 10 2022
    DISTRIBUTED for Conference of 1/14/2022.
  8. Dec 08 2021
    DISTRIBUTED for Conference of 1/7/2022.
  9. Nov 18 2021
    Reply of petitioner Oklahoma filed.
    Main DocumentCertificate of Word CountProof of Service
  10. Nov 05 2021
    Brief amicus curiae of Muscogee (Creek) Nation filed.
    Main DocumentCertificate of Word CountProof of Service
  11. Nov 05 2021
    Brief of respondent Erik Sherney Williams in opposition filed.
    Main DocumentProof of Service
  12. Nov 05 2021
    Motion for leave to proceed in forma pauperis filed by respondent Erik Sherney Williams.
    Main DocumentProof of Service
  13. Oct 21 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including November 8, 2021.
  14. Oct 20 2021
    Motion to extend the time to file a response from October 25, 2021 to November 8, 2021, submitted to The Clerk.
    Main Document
  15. Sep 23 2021
    Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2021.
  16. Sep 22 2021
    Motion to extend the time to file a response from September 23, 2021 to October 25, 2021, submitted to The Clerk.
    Main Document
  17. Sep 22 2021
    Letter from counsel for petitioner filed.
    Main Document
  18. Aug 21 2021
    Petition for a writ of certiorari filed. (Response due September 23, 2021)
    PetitionAppendixCertificate of Word CountProof of Service