Supreme Court of the United States · Official docket →
Johnny Ellery Smith v. United States
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-35036 · judgment August 4, 2022
Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a dissent in the court below (flagged in the petition).
Question presented
Whether the Assimilative Crimes Act, 18 U.S.C. §13, applies to Indian country—either on its own or through the General Crimes Act, 18 U.S.C. §1152—such that the federal government may prosecute Indians for virtually any state-law offense committed in Indian country, including on lands promised by treaty for the “exclusive use” of Indian tribes. (i)
Counsel of record
For petitioner
Seth P. Waxman
Wilmer Cutler Pickering Hale and Dorr LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Mar 20 2023Petition DENIED.
- Mar 17 2023Brief amici curiae of Law Professors and Indian Law Experts filed.
- Mar 16 2023Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Mar 15 2023Brief amici curiae of National Indian Gaming Association, et al. filed.
- Mar 01 2023DISTRIBUTED for Conference of 3/17/2023.
- Feb 24 2023Waiver of right of respondent United States to respond filed.
- Feb 16 2023Petition for a writ of certiorari filed. (Response due March 24, 2023)
- Jan 26 2023Application (22A545) granted by Justice Kagan extending the time to file until March 10, 2023.
- Jan 24 2023Application (22A545) to extend further the time from February 10, 2023 to March 10, 2023, submitted to Justice Kagan.
- Dec 19 2022Application (22A545) granted by Justice Kagan extending the time to file until February 10, 2023.
- Dec 15 2022Application (22A545) to extend the time to file a petition for a writ of certiorari from January 11, 2023 to February 10, 2023, submitted to Justice Kagan.