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Oklahoma v. Jessy Shay Bailey

Paid petition · Court of Criminal Appeals of Oklahoma, No. F-2020-226 · judgment September 23, 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
James L. Hankins

Case

Conference history
Distributed for 3 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. Apr 13 2022
    DISTRIBUTED for Conference of 4/29/2022.
  6. Mar 25 2022
    Brief of respondent Jessy Shay Bailey in opposition filed.
    Main DocumentCertificate of Word CountProof of Service
  7. Feb 23 2022
    Response Requested. (Due March 25, 2022)
  8. Feb 16 2022
    DISTRIBUTED for Conference of 3/4/2022.
  9. Jan 05 2022
    Brief amicus curiae of Choctaw Nation of Oklahoma filed.
    Main DocumentCertificate of Word CountProof of Service
  10. Dec 22 2021
    Petition for a writ of certiorari filed. (Response due January 31, 2022)
    PetitionAppendixCertificate of Word CountProof of Service