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Oklahoma v. Kevin Tyler Foster

Paid petition · Court of Criminal Appeals of Oklahoma, No. F-2020-149 · judgment July 8, 2021

Certiorari denied · March 21, 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.

Question presented

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 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Mar 21 2022
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  2. Mar 21 2022
    Petition DENIED.
  3. Feb 23 2022
    DISTRIBUTED for Conference of 3/18/2022.
  4. Feb 09 2022
    Brief of respondent Kevin T. Foster in opposition filed.
    Main DocumentProof of Service
  5. Feb 09 2022
    Motion for leave to proceed in forma pauperis filed by respondent Kevin T. Foster.
    Main DocumentProof of Service
  6. Jan 11 2022
    Motion to extend the time to file a response is granted and the time is extended to and including February 9, 2022.
  7. Jan 07 2022
    Motion to extend the time to file a response from January 10, 2022 to February 9, 2022, submitted to The Clerk.
    Main Document
  8. Jan 03 2022
    Brief amicus curiae of Cherokee Nation filed.
    Main DocumentCertificate of Word CountProof of Service
  9. Dec 04 2021
    Petition for a writ of certiorari filed. (Response due January 10, 2022)
    PetitionCertificate of Word CountProof of ServiceAppendix