| No. 19-1414 | |
| Title: | United States, Petitioner v. Joshua James Cooley |
| Docketed: | June 24, 2020 |
| Lower Ct: | United States Court of Appeals for the Ninth Circuit |
| Case Numbers: | (17-30022) |
| Decision Date: | March 21, 2019 |
| Rehearing Denied: | January 24, 2020 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jun 19 2020 | Petition for a writ of certiorari filed. (Response due July 24, 2020) |
| PetitionProof of Service | |
| Jul 10 2020 | Motion to extend the time to file a response from July 24, 2020 to August 24, 2020, submitted to The Clerk. |
| Main DocumentProof of Service | |
| Jul 13 2020 | Motion to extend the time to file a response is granted and the time is extended to and including August 24, 2020. |
| Jul 24 2020 | Brief amici curiae of Crow Tribe of Indians, National Congress of American Indians and Other Tribal Organizations filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 24 2020 | Brief amici curiae of National Indigenous Women's Resource Center, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 21 2020 | Waiver of right of respondent Joshua James Cooley to respond filed. |
| Main Document | |
| Aug 26 2020 | DISTRIBUTED for Conference of 9/29/2020. |
| Sep 15 2020 | Response Requested. (Due October 15, 2020) |
| Oct 15 2020 | Brief of respondent Joshua James Cooley in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 15 2020 | Motion for leave to proceed in forma pauperis filed by respondent Joshua James Cooley. |
| Main DocumentProof of Service | |
| Oct 22 2020 | Waiver of the 14-day waiting period under Rule 15.5 filed. |
| Main Document | |
| Oct 28 2020 | DISTRIBUTED for Conference of 11/13/2020. |
| Oct 28 2020 | Reply of petitioner United States filed. (Distributed) |
| Main DocumentProof of Service | |
| Nov 16 2020 | DISTRIBUTED for Conference of 11/20/2020. |
| Nov 20 2020 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| Nov 20 2020 | Petition GRANTED. |
| Dec 18 2020 | Motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Dec 31 2020 | Motion to extend the time to file the briefs on the merits granted. The time to file the appendix and petitioner's brief on the merits is extended to and including January 8, 2021. The time to file respondent's brief on the merits is extended to and including February 12, 2021. |
| Jan 04 2021 | Motion to dispense with printing the joint appendix filed by petitioner United States. |
| Proof of ServiceMain Document | |
| Jan 08 2021 | Brief of petitioner United States filed. |
| Main DocumentProof of Service | |
| Jan 14 2021 | Brief amici curiae of Lower Brule Sioux Tribe, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 14 2021 | Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed. |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Jan 15 2021 | Brief amicus curiae of Indian Law Scholars and Professors filed. |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Jan 15 2021 | Brief amici curiae of National Congress of American Indians and Other Tribal Organizations filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jan 15 2021 | Brief amici curiae of Current and Former Members of Congress filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 15 2021 | Brief amici curiae of National Indigenous Women's Resource Center, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 15 2021 | Brief amici curiae of Cayuga Nation, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 15 2021 | Brief amici curiae of Former United States Attorneys filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 19 2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Feb 01 2021 | SET FOR ARGUMENT on Tuesday, March 23, 2021. |
| Feb 04 2021 | Record requested from the U.S.C.A. 9th Circuit. |
| Feb 04 2021 | Record from the U.S.C.A. 9th Circuit is electronic and located on Pacer. |
| Feb 12 2021 | Brief of respondent Joshua James Cooley filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 19 2021 | Brief amici curiae of The Ninth Circuit Federal Public and Community Defenders filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 19 2021 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 19 2021 | Amicus brief of Citizens Equal Rights Foundation not accepted for filing. (Corrected brief submitted - March 22, 2021) |
| Feb 19 2021 | Brief amicus curiae of Citizens Equal Rights Foundation filed. (Distributed) |
| Main DocumentMain Document | |
| Feb 22 2021 | CIRCULATED. |
| Mar 10 2021 | Motion to appoint counsel filed by respondent Joshua James Cooley. |
| Main DocumentProof of Service | |
| Mar 12 2021 | Reply of petitioner United States filed. (Distributed) |
| Proof of ServiceMain Document | |
| Mar 15 2021 | Motion DISTRIBUTED for Conference of 3/19/2021. |
| Mar 19 2021 | Motion to appoint counsel filed by respondent GRANTED, and Eric R. Henkel, Esquire, of Missoula, Montana, is appointed to serve as counsel for respondent in this case. |
| Mar 23 2021 | Argued. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Eric R. Henkel, Missoula, Mont. (Appointed by this Court.) |
| Jun 01 2021 | Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion. |
| Jul 06 2021 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Elizabeth B. Prelogar 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 | ||
| Attorneys for Respondent | ||
| Eric R Henkel Counsel of Record | Christian, Samson & Baskett, PLLC 310 W. Spruce St. Missoula, MT 59802 eric@csblawoffice.com | 406-721-7772 |
| Party name: Joshua James Cooley | ||
| Other | ||
| Peter Nelson Heidepriem Counsel of Record | Heidepriem, Purtell, Siegel & Hinrichs, LLP 101 West 69th Street Suite 105 Sioux Falls, SD 57108 pete@hpslawfirm.com | 6056794470 |
| Party name: Lower Brule Sioux Tribe, the Flandreau Santee Sioux Tribe, and the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation | ||
| Keith James Hilzendeger Counsel of Record | Federal Public Defender, District of Arizona 850 West Adams Street Suite 201 Phoenix, AZ 85007 keith_hilzendeger@fd.org | 6023822781 |
| Party name: National Association of Criminal Defense Lawyers | ||
| Daniel Lee Kaplan Counsel of Record | Office of the Federal Public Defender 850 West Adams Street, Suite 201 Phoenix, AZ 85007 dan_kaplan@fd.org | 602-382-2700 |
| Party name: The Ninth Circuit Federal Public and Community Defenders | ||
| Lawrence A. Kogan Counsel of Record | The Kogan Law Group, P.C. 100 United Nations Plaza Suite #14F New York, NY 10017 lkogan@koganlawgroup.com | 212-644-9240 |
| Party name: Citizens Equal Rights Foundation | ||
| Eric John Magnuson Counsel of Record | Robins Kaplan LLP 800 LaSalle Avenue Suite 2800 Minneapolis, MN 55402 emagnuson@robinskaplan.com | 612-349-8548 |
| Party name: Former United States Attorneys | ||
| Mary Kathryn Nagle Counsel of Record | Pipestem Law LLC 320 South Boston Ave, Suite 1705 Tulsa, OK 74103 mknagle@pipestemlaw.com | 2024070591 |
| Party name: National Indigenous Women's Resource Center | ||
| Jeffrey Scott Rasmussen Counsel of Record | Patterson Earnhart Real Bird & Wilson LLP 1900 Plaza Drive Louisville, CO 80027 jrasmussen@nativelawgroup.com | 303-926-5292 |
| Party name: Ute Indian Tribe of the Uintah and Ouray Reservation | ||
| Colette Routel Counsel of Record | Mitchell Hamline School of Law 875 Summit Avenue St. Paul, MN 55105 colette.routel@mitchellhamline.edu | 6512906327 |
| Party name: Indian Law Scholars and Professors | ||
| Zachary Charles Schauf Counsel of Record | Jenner & Block, LLP 1099 New York Ave., NW Washington, DC 20001 ZSchauf@jenner.com | 202-637-6379 |
| Party name: Cayuga Nation, et al. | ||
| Jennifer H. Weddle Counsel of Record | Greenberg Traurig 1144 15th Street Suite 3300 Denver, CO 80202 weddlej@gtlaw.com | 3035726565 |
| Party name: National Congress of American Indians and Other Tribal Organizations | ||
| April Dennise Youpee-Roll Counsel of Record | Munger, Tolles & Olson LLP 350 South Grand Ave., 50th Floor Los Angeles, CA 90071 april.youpee-roll@mto.com | 213-683-9536 |
| Party name: Current and Former Members of Congress | ||