| No. 17-1107 *** CAPITAL CASE *** | |
| Title: | Tommy Sharp, Interim Warden, Petitioner v. Patrick Dwayne Murphy |
| Docketed: | February 7, 2018 |
| Lower Ct: | United States Court of Appeals for the Tenth Circuit |
| Case Numbers: | (07-7068, 15-7041) |
| Decision Date: | November 9, 2017 |
| Rehearing Denied: | November 9, 2017 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Feb 06 2018 | Petition for a writ of certiorari filed. (Response due March 9, 2018) |
| PetitionCertificate of Word CountProof of Service | |
| Feb 26 2018 | Motion to extend the time to file a response from March 9, 2018 to April 9, 2018, submitted to The Clerk. |
| Main Document | |
| Feb 28 2018 | Motion to extend the time to file a response is granted and the time is extended to and including April 9, 2018. |
| Mar 09 2018 | Brief amicus curiae of Oklahoma Independent Petroleum Association filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Mar 09 2018 | Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed. |
| Proof of ServiceCertificate of Word CountMain Document | |
| Mar 09 2018 | Brief amicus curiae of United States of America filed. |
| Certificate of Word CountMain Document | |
| Apr 09 2018 | Brief of respondent Patrick Dwayne Murphy in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 23 2018 | Reply of petitioner Terry Royal, Warden filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Apr 24 2018 | DISTRIBUTED for Conference of 5/10/2018. |
| May 14 2018 | DISTRIBUTED for Conference of 5/17/2018. |
| May 21 2018 | Petition GRANTED. Justice Gorsuch took no part in the consideration or decision of this petition. |
| May 23 2018 | Motion of Terry Royal, Warden for an extension of time not accepted for filing. (June 20, 2018) |
| Jun 20 2018 | Motion for an extension of time filed. |
| Main Document | |
| Jun 20 2018 | Motion to extend the time to file the joint appendix and the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended and including July 23, 2018. The time to file respondent's brief on the merits is extended to and including September 7, 2018. |
| Jul 23 2018 | Brief of petitioner Mike Carpenter, Interim Warden filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jul 23 2018 | Joint appendix (2 volumes) filed. |
| Main DocumentMain DocumentProof of Service | |
| Jul 25 2018 | Letter of July 23, 2018, received from counsel for the petitioner. |
| Main Document | |
| Jul 30 2018 | Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 30 2018 | Brief amicus curiae of United States of America filed. |
| Proof of ServiceMain Document | |
| Jul 30 2018 | Brief amicus curiae of Oklahoma Independent Petroleum Association filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 30 2018 | Brief amici curiae of Oklahoma Sheriffs’ Association, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 30 2018 | Brief amici curiae of States of Nebraska, Kansas, Louisiana, Michigan, Montana, South Dakota, Texas, Utah, Wyoming, and Paul R. LePage, Governor of Maine filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 30 2018 | Brief amici curiae of International Municipal Lawyers Association, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 27 2018 | Motion for a further extension of time filed. |
| Main Document | |
| Aug 27 2018 | Response of Mike Carpenter, Interim Warden to motion not accepted for filing. (To be resubmitted - August 29, 2018) |
| Aug 27 2018 | Response to motion from petitioner Mike Carpenter, Interim Warden filed. |
| Main Document | |
| Aug 29 2018 | Motion for a further extension of time to file respondent's brief on the merits granted in part, and the time is extended to and including September 19, 2018. |
| Sep 19 2018 | Brief of respondent Patrick Dwayne Murphy filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 24 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Proof of ServiceMain Document | |
| Sep 26 2018 | Brief amici curiae of David Boren, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 26 2018 | Brief amicus curiae of Muscogee (Creek) Nation filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 26 2018 | Brief amici curiae of Former United States Attorneys filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 26 2018 | Brief amici curiae of National Indigenous Women's Resource Center, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 26 2018 | Brief amici curiae of Historians, Legal Scholars, and Cherokee Nation filed. |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Sep 26 2018 | Brief amicus curiae of National Congress of American Indians filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 26 2018 | Joint motion of respondent and Muscogee (Creek) Nation for leave for Muscogee (Creek) Nation to participate in oral argument as amicus curiae and for divided argument filed. |
| Main DocumentProof of Service | |
| Oct 09 2018 | SET FOR ARGUMENT ON Tuesday, November 27, 2018 |
| Oct 09 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Gorsuch and Justice Kavanaugh took no part in the consideration or decision of this motion. |
| Oct 15 2018 | Record requested from the U.S.C.A. 10th Circuit. |
| Oct 19 2018 | CIRCULATED |
| Oct 19 2018 | Reply of petitioner Mike Carpenter, Interim Warden filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 22 2018 | Record received from the U.S.C.A. 10th Circuit is electronic and located on PACER, with the exception of 5 Boxes of Pleadings. |
| Oct 26 2018 | Joint motion of respondent and Muscogee (Creek) Nation for leave for Muscogee (Creek) Nation to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Gorsuch took no part in the consideration or decision of this motion. |
| Nov 27 2018 | Argued. For petitioner: Lisa S. Blatt, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Ian H. Gershengorn, Washington, D. C.; and Riyaz A. Kanji, Ann Arbor, Mich. (for Muscogee (Creek) Nation, as amicus curiae.) |
| Dec 04 2018 | The parties, the Solicitor General, and the Muscogee (Creek) Nation are directed to file supplemental briefs addressing the following two questions: (1) Whether any statute grants the state of Oklahoma jurisdiction over the prosecution of crimes committed by Indians in the area within the 1866 territorial boundaries of the Creek Nation, irrespective of the area’s reservation status. (2) Whether there are circumstances in which land qualifies as an Indian reservation but nonetheless does not meet the definition of Indian country as set forth in 18 U. S. C. §1151(a). The briefs, not to exceed 6,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, December 28, 2018. Reply briefs, not to exceed 3,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, January 11, 2019. (Justice Gorsuch, recused in this case). |
| Dec 28 2018 | Supplemental brief of petitioner Mike Carpenter, Interim Warden filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 28 2018 | Supplemental brief of respondent Patrick Dwayne Murphy filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 28 2018 | Supplemental brief of Muscogee (Creek) Nation as amicus curiae filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Dec 28 2018 | Supplemental brief of United States of America as amicus curiae filed. (Distributed) |
| Certificate of Word CountMain Document | |
| Jan 11 2019 | Supplemental reply brief of petitioner Mike Carpenter, Interim Warden filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 11 2019 | Supplemental reply brief of respondent Patrick Dwayne Murphy filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 11 2019 | Supplemental reply brief of amicus curiae United States of America filed. (Distributed) |
| Proof of ServiceMain Document | |
| Jan 11 2019 | Supplemental reply brief of amicus curiae Muscogee (Creek) Nation filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 11 2019 | Letter from State of Maine regarding amici brief of States of Nebraska, et al. filed July 30, 2018, received. (Distributed). |
| Jun 27 2019 | This case is restored to the calendar for reargument. |
| Jul 31 2019 | Letter of July 25, 2019, received from counsel for the petitioner. |
| Main DocumentProof of Service | |
| Aug 05 2019 | The record from the U.S.C.A. 10th Circuit has been returned |
| Jul 09 2020 | Adjudged to be AFFIRMED. Justice Thomas and Justice Alito dissent. Justice Gorsuch took no part in the consideration or decision of this case. Opinion per curiam. |
| Aug 10 2020 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Mithun Mansinghani Counsel of Record | Solicitor General Office of the Oklahoma Attorney General 313 NE 21st Street Oklahoma City, OK 73105 mithun.mansinghani@oag.ok.gov | 405-522-4392 |
| Party name: Tommy Sharp, Interim Warden | ||
| Attorneys for Respondent | ||
| Patti Palmer Ghezzi Counsel of Record | Federal Public Defender 215 Dean A. McGee Suite 707 Old Post Office Building Oklahoma City, OK 73102 Patti_Ghezzi@fd.org | 405-609-5975 |
| Party name: Patrick Dwayne Murphy | ||
| Other | ||
| Lynn H. Slade Counsel of Record | Modrall Sperling Roehl Harris & Sisk, P.A. 500 Fourth Street N.W., Suite 1000 Albuquerque, NM 87102 lynn.slade@modrall.com | 505-848-1800 |
| Party name: Environmental Federation of Oklahoma, Inc., et al. | ||
| Jeffrey B. Wall Counsel of Record | Acting Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States of America | ||
| Robert David Cheren Counsel of Record | Baker & Hostetler LLP 2000 Key Tower, 127 Public Square Cleveland, OH 44114 rcheren@bakerlaw.com | 2168616648 |
| Party name: The Oklahoma Sheriffs’ Association, the Oklahoma District Attorneys Association, District Attorney O.R. Barris III, District Attorney Paul B. Smith, District Attorney Max Cook, District Attorney Orvil Loge, District Attorney Jack Thorpe, District Attorney Steve Kunzweiler, District Attorney Jeff Smith, District Attorney Chuck Sullivan, District Attorney Matt Ballard, and District Attorney Mike Fields | ||
| Troy A. Eid Counsel of Record | Greenberg Traurig 1200 17th Street Suite 2400 Denver, CO 80202 eidt@gtlaw.com | 3035726521 |
| Party name: Former United States Attorneys Troy A. Eid, Barry R. Grissom, Thomas B. Heffelfinger, David Iglesias, Brendan V. Johnson, Wendy J. Olson, Timothy Q. Purdon and Danny C. Williams, Sr. | ||
| Blaine H. Evanson Counsel of Record | Gibson, Dunn & Crutcher LLP 333 South Grand Avenue Los Angeles, CA 90071 bevanson@gibsondunn.com | 213-229-7000 |
| Party name: Oklahoma Independent Petroleum Association | ||
| Robert Harlan Henry Counsel of Record | Robert H Henry Law Firm 512 North Broadway Ave, Suite 230 Oklahoma City, OK 73102 rh@rhhenrylaw.com | 405-516-7824 |
| Party name: David Boren, et al. | ||
| Riyaz Amir Kanji Counsel of Record | Kanji & Kantzen, PLLC 303 Detroit St Ste 400 Ann Arbor, MI 48104 rkanji@kanjikatzen.com | 734-769-5400 |
| Party name: Muscogee (Creek) Nation | ||
| David Andrew Lopez Counsel of Record | Office of the Nebraska Attorney General 2115 State Capitol Lincoln, NE 68509 dave.lopez@nebraska.gov | 4024713882 |
| Party name: States of Nebraska, Kansas, Louisiana, Michigan, Montana, South Dakota, Texas, Utah, Wyoming, and Paul R. LePage, Governor of Maine | ||
| Mary Kathryn Nagle Counsel of Record | Pipestem Law, P.C. 320 South Boston Ave, Suite 1705 Tulsa, OK 74103 mknagle@pipestemlaw.com | 2024070591 |
| Party name: National Indigenous Women's Resource Center | ||
| Chrissi Ross Nimmo Counsel of Record | Cherokee Nation PO Box 1533 Tahlequah, OK 74465-1533 chrissi-nimmo@cherokee.org | 9184586998 |
| Party name: Historians, Legal Scholars, and Cherokee Nation | ||
| Colette Routel Counsel of Record | Mitchell Hamline School of Law 875 Summit Avenue St. Paul, MN 55105 colette.routel@mitchellhamline.edu | 6512906327 |
| Party name: National Congress of American Indians | ||
| Sarah M. Shalf Counsel of Record | Emory University School of Law Gambrell Hall 1301 Clifton Road NE Atlanta, GA 30322-2770 sarah.shalf@emory.edu | 404-712-4652 |
| Party name: International Municipal Lawyers Association, the International City/County Management Association, and the National Sheriffs’ Association | ||