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Oklahoma v. Richard Ray Roth

Paid petition · Court of Criminal Appeals of Oklahoma, No. F-2017-702 · judgment September 16, 2021

GVR'd · June 30, 2022
Pre-decision estimate: 3% 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 2 conferences

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. Mar 09 2022
    DISTRIBUTED for Conference of 3/25/2022.
  7. Feb 22 2022
    Brief of respondent Richard Ray Roth in opposition filed.
    Main DocumentProof of Service
  8. Feb 22 2022
    Motion for leave to proceed in forma pauperis filed by respondent Richard Ray Roth.
    Main DocumentProof of Service
  9. Jan 19 2022
    Motion to extend the time to file a response is granted and the time is extended to and including February 22, 2022. See Rule 30.1.
  10. Jan 18 2022
    Motion to extend the time to file a response from January 20, 2022 to February 21, 2022, submitted to The Clerk.
    Main Document
  11. Dec 15 2021
    Petition for a writ of certiorari filed. (Response due January 20, 2022)
    PetitionCertificate of Word CountProof of ServiceAppendix