Supreme Court of the United States · Official docket →
Richard Eugene Glossip v. Oklahoma
IFP petition · Court of Criminal Appeals of Oklahoma, No. PCD-2023-267 · judgment April 20, 2023
Questions presented
Justin Sneed was, in the State's words, its "indispensable witness," and Richard Glossip's "fate turned on Sneed's credibility." Sneed is the person who "bludgeoned the victim to death, and his testimony linking Glossip to the murder was central to the conviction." State Stay Resp. 10, Glossip v. Oklahoma, No. 22A941 (U.S.). He only claimed Mr. Glossip was involved after being fed Mr. Glossip's name six times and threatened with execution. And his accounting of basic facts about the crime has shifted dramatically with each telling. With Sneed's credibility already tenuous, the State undisputedly hid from the jury Sneed's having "seen a psychiatrist" who diagnosed Sneed with a psychiatric condition that rendered him volatile and "potentially violent," particularly when combined with methamphetamine use, a street drug Sneed was abusing at the time he murdered Barry Van Treese. Id. In fact, the State allowed Sneed to affirmatively tell the jury he had not seen a psychiatrist. Before the Oklahoma Court of Criminal Appeals (OCCA), the State confessed error, admitting that the failure to disclose the truth about Sneed's psychiatric condition, leaving the jury with Sneed's uncorrected false testimony and then suppressing this information for a quarter-century, rendered "Glossip's trial unfair and unreliable." Id. at 4-5. Before this Court, the State has admitted Mr. Glossip is entitled to a new trial on these grounds, as well as in light of "cumulative error" regarding "multiple issues raised in Glossip's Post-Conviction Relief Application." Id. at 4. But the OCCA has refused to stop the execution of an innocent man who never had a fair trial. This petition presents the following questions:
-
a. Whether the State's suppression of the key prosecution witness's admission he was under the care of a psychiatrist and failure to correct that witness's false testimony about that care and related diagnosis violate the due process of law. See Brady v. Maryland, 373 U.S. 83 (1963); Napue v. Illinois, 360 U.S. 264 (1959). b. Whether the entirety of the suppressed evidence must be considered when assessing the materiality of Brady and Napue claims. See Kyles v. Whitley, 514 U.S. 419 (1995).
-
Whether due process of law requires reversal, where a capital conviction is so infected with errors that the State no longer seeks to defend it. See Escobar v. Texas, 143 S. Ct. 557 (2023) (mem.).
-
Added by the Court: Whether the oklahoma Court of criminal appeals' holding that the oklahoma postConviction procedure Act precluded post-conviction relief is an Adequate and independent state-law ground for the judgment. Justice gorsuch took no part. Order of january 26, 2024: Christopher g. michel, esquire, of washington, d. c., is invited to Brief and argue this case, as amicus curiae, in support of the Judgment below. justice gorsuch took no part.
Counsel of record
For petitioner
Seth P. Waxman
Wilmer Cutler Pickering Hale and Dorr LLP
For respondent
Paul D. Clement
Clement & Murphy, PLLC
Case
Conference history
Distributed for 12 conferences
Amicus briefs
3 cert-stage · 15 merits
(1 supporting pet./neither, 14 respondent)
Argument & decision
Argued October 9, 2024 — Seth P. Waxman · Paul D. Clement · Christopher G. Michel. Audio and transcript
Decided February 25, 2025. Opinion by Sotomayor.
Proceedings
- Mar 31 2025Judgment and Mandate Issued.
- Feb 25 2025Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kagan, Kavanaugh, and Jackson, JJ., joined, and in which Barrett, J., joined as to Part II. Barrett, J., filed an opinion concurring in part and dissenting in part. Thomas, J., filed a dissenting opinion, in which Alito, J., joined, and in which Barrett, J., joined as to Parts IV–A–1, IV–A–2, and IV–A–3. Gorsuch, J., took no part in the consideration or decision of the case.
- Oct 09 2024Argued. For petitioner: Seth P. Waxman, Washington, D. C. For respondent in support of petitioner: Paul D. Clement, Alexandria, Va. For Court-appointed amicus curiae in support of judgment below: Christopher G. Michel, Washington, D. C.
- Oct 08 2024Letter from counsel of record for amicus curiae Kenneth T. Cuccinelli, II with respect to co-counsel filed.
- Aug 19 2024Joint motion of petitioner and respondent for divided argument GRANTED. Justice Gorsuch took no part in the consideration or decision of this motion.
- Aug 19 2024Motion of Derek Van Treese, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED. Justice Gorsuch took no part in the consideration or decision of this motion.
- Aug 14 2024Reply of petitioner Richard Glossip filed. (Distributed)
- Aug 14 2024Reply of respondent Oklahoma in support of petitioner filed. (Distributed)
- Aug 08 2024CIRCULATED
- Jul 26 2024SET FOR ARGUMENT on Wednesday, October 9, 2024.
- Jul 23 2024Amended motion of Derek Van Treese, et al. for leave to participate in oral argument as amici curiae and for divided argument accepted July 23, 2024. (See January 23, 2024 motion filed entry)
- Jul 18 2024Joint motion of petitioner and respondent for divided argument filed.
- Jul 15 2024Brief amicus curiae of State of Texas filed.
- Jul 15 2024Brief amici curiae of State of Utah, et al. filed.
- Jul 15 2024Brief amici curiae of Victim Family Members Derek Van Treese, et al. filed.
- Jul 15 2024Brief amicus curiae of Criminal Justice Legal Foundation filed.
- Jul 08 2024Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed.
- May 24 2024Application (23A1052) granted by Justice Kavanaugh extending the time to file the reply briefs on the merits until August 14, 2024.
- May 21 2024Application (23A1052) to extend the time to file the reply briefs on the merits to and including August 14, 2024, submitted to Justice Kavanaugh.
- May 20 2024Motion for leave to file a supplemental volume of the joint appendix under seal GRANTED. Justice Gorsuch took no part in the consideration or decision of this motion.
- Apr 30 2024Brief amicus curiae of Innocence Project, Inc. filed.
- Apr 30 2024Brief amici curiae of American Civil Liberties Union, et al. filed.
- Apr 30 2024Brief amici curiae of Oklahoma State Legislators, Rep. Kevin McDugle, et al. filed.
- Apr 30 2024Brief amicus curiae of Kenneth T. Cuccinelli, II, Former Attorney General of the Commonwealth of Virginia filed.
- Apr 30 2024Brief amici curiae of The District of Columbia et al. in support of neither party filed.
- Apr 30 2024Brief amici curiae of Federal Courts Scholars filed.
- Apr 30 2024Brief amici curiae of Michael Cassidy, et al. filed.
- Apr 30 2024Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Apr 30 2024Brief amici curiae of Former Members of the Oklahoma Death Penalty Review Commission filed.
- Apr 30 2024Brief amici curiae of Current and Former State and Federal Prosecutors filed.
- Apr 23 2024Joint appendix filed (3 volumes).
- Apr 23 2024Motion to file a supplemental volume of the joint appendix under seal filed by petitioner Richard Glossip.
- Apr 23 2024Brief of petitioner Richard Glossip filed.
- Apr 23 2024Brief of respondent in support of petitioner filed.
- Apr 04 2024Motion for a further extension of time within which to file the briefs on the merits granted. The time to file the joint appendix, petitioner's brief on the merits and respondent's brief in support is further extended to and including April 23, 2024. The time to file the brief of Court-appointed amicus curiae in support of the judgment below is extended to and including July 8, 2024.
- Mar 27 2024Motion for a further extension of time to file the briefs on the merits filed.
- Mar 08 2024Record requested from the Court of Criminal Appeals of Oklahoma.
- Jan 26 2024Christopher G. Michel, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below. Justice Gorsuch took no part in the consideration or decision of this order.
- Jan 26 2024Motion of the parties for an extension of time to file granted. The time to file the joint appendix, petitioner's brief on the merits, and respondent's brief on the merits in support is extended to and including April 8, 2024.
- Jan 24 2024Letter of amici curiae Derek Van Treese, et al. opposing extension request not accepted for filing. (January 26, 2024)
- Jan 23 2024Motion of Derek Van Treese, et al. for leave to participate in oral argument as amici curiae and for divided argument filed (amended July 23, 2024).
- Jan 23 2024Motion of the parties for an extension of time filed.
- Jan 22 2024Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. In addition to the questions presented, the parties are directed to brief and argue the following question: Whether the Oklahoma Court of Criminal Appeals' holding that the Oklahoma Post-Conviction Procedure Act precluded post-conviction relief is an adequate and independent state-law ground for the judgment. Justice Gorsuch took no part in the consideration or decision of this motion and this petition.
- Jan 16 2024DISTRIBUTED for Conference of 1/19/2024.
- Jan 08 2024DISTRIBUTED for Conference of 1/12/2024.
- Jan 02 2024DISTRIBUTED for Conference of 1/5/2024.
- Dec 01 2023Rescheduled.
- Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
- Nov 27 2023DISTRIBUTED for Conference of 12/1/2023.
- Nov 13 2023DISTRIBUTED for Conference of 11/17/2023.
- Nov 06 2023DISTRIBUTED for Conference of 11/9/2023.
- Oct 30 2023DISTRIBUTED for Conference of 11/3/2023.
- Oct 23 2023DISTRIBUTED for Conference of 10/27/2023.
- Oct 10 2023DISTRIBUTED for Conference of 10/13/2023.
- Oct 02 2023DISTRIBUTED for Conference of 10/6/2023.
- Jul 20 2023DISTRIBUTED for Conference of 9/26/2023.
- Jul 19 2023Reply of petitioner Richard Glossip filed. (Distributed)
- Jul 05 2023Brief of respondent Oklahoma in support filed.
- Jun 05 2023Brief amicus curiae of The Innocence Project filed.
- Jun 05 2023Brief amici curiae of Nora Freeman Engstrom, et al. filed.
- Jun 05 2023Brief amici curiae of Derek Van Treese, et al. filed.
- Jun 01 2023Motion to extend the time to file a response is granted and the time is extended to and including July 5, 2023.
- May 31 2023Motion to extend the time to file a response from June 5, 2023 to July 5, 2023, submitted to The Clerk.
- May 05 2023Application (22A941) referred to the Court.
- May 05 2023Application (22A941) for stay of execution of sentence of death presented to Justice Kavanaugh and by him referred to the Court is granted pending the disposition of the petitions for writs of certiorari, Nos. 22-6500 and 22-7466. Should both petitions for writs of certiorari be denied, this stay shall terminate automatically. In the event either petition for a writ of certiorari is granted, the stay shall terminate upon the issuance of the mandate of this Court. Justice Gorsuch took not part in the consideration or decision of this application.
- May 04 2023Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 5, 2023)
- May 01 2023Response to application from respondent Oklahoma filed.
- Apr 26 2023Application (22A941) for stay of execution of sentence of death submitted to Justice Kavanaugh. (Justice Gorsuch is recused).