Supreme Court Report

Supreme Court of the United States · Official docket →

Oklahoma v. Johnny Edward Mize, II

Paid petition · Court of Criminal Appeals of Oklahoma, No. F-2019-68 · 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
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Oklahoma v. Castro-Huerta, 597 U. S. ___ (2022).
  4. Jun 29 2022
    DISTRIBUTED for Conference of 6/29/2022.
  5. Jan 18 2022
    DISTRIBUTED for Conference of 1/21/2022.
  6. Jan 10 2022
    DISTRIBUTED for Conference of 1/14/2022.
  7. Dec 08 2021
    DISTRIBUTED for Conference of 1/7/2022.
  8. Oct 19 2021
    Reply of petitioner State of Oklahoma filed.
  9. Oct 05 2021
    Brief amicus curiae of Muscogee (Creek) Nation filed.
  10. Oct 05 2021
    Brief of respondent Johnny Edward Mize, II in opposition filed.
  11. 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.
  12. Sep 22 2021
    Motion to extend the time to file a response from September 24, 2021 to October 25, 2021, submitted to The Clerk.
  13. Sep 22 2021
    Letter from counsel for petitioner filed.
  14. Aug 21 2021
    Petition for a writ of certiorari filed. (Response due September 24, 2021)