Argued

No. 17-1107

Mike Carpenter, Interim Warden v. Patrick Dwayne Murphy

from the United States Court of Appeals for the Tenth Circuit

See other cases from the Tenth Circuit.

Docket Entries

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).

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.)

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.

Record received from the U.S.C.A. 10th Circuit is electronic and located on PACER, with the exception of 5 Boxes of Pleadings.

CIRCULATED

Reply of Mike Carpenter, Interim Warden submitted.

Reply of petitioner Mike Carpenter, Interim Warden filed. (Distributed)

Record requested from the U.S.C.A. 10th Circuit.

SET FOR ARGUMENT ON Tuesday, November 27, 2018

SET FOR ARGUMENT ON Tuesday, November 27, 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.

Motion of the Solicitor General for leave 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.

Amicus brief of 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. submitted.

Amicus brief of Historians, Legal Scholars, and Cherokee Nation submitted.

Amicus brief of Chickasaw Nation, Choctaw Nation & Former Oklahoma State Officials submitted.

Amicus brief of National Congress of American Indians submitted.

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.

Brief amici curiae of Historians, Legal Scholars, and Cherokee Nation filed.

Brief amicus curiae of National Congress of American Indians filed.

Brief amicus curiae of Historians, Legal Scholars, and Cherokee Nation filed.

Brief amici curiae of National Indigenous Women's Resource Center, et al. filed.

Brief amici curiae of Former United States Attorneys filed.

Brief amicus curiae of Muscogee (Creek) Nation filed.

Brief amici curiae of David Boren, et al. filed.

Amicus brief of National Indigenous Women's Resource Center submitted.

Motion of Muscogee (Creek) Nation for leave to participate in oral argument and for divided argument submitted.

Amicus brief of Muscogee (Creek) Nation submitted.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Motion of United States of America for leave to participate in oral argument and for divided argument submitted.

Brief of Patrick Dwayne Murphy submitted.

Brief of respondent Patrick Dwayne Murphy filed. (Distributed)

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.

Motion for a further extension of time filed.

Response to motion from petitioner Mike Carpenter, Interim Warden filed.

Response of Mike Carpenter, Interim Warden to motion not accepted for filing. (To be resubmitted - August 29, 2018)

Response of Mike Carpenter, Interim Warden to motion submitted.

Motion of Patrick Dwayne Murphy for an extension of time submitted.

Amicus brief of International Municipal Lawyers Association, the International City/County Management Association, and the National Sheriffs’ Association submitted.

Brief amici curiae of States of Nebraska, Kansas, Louisiana, Michigan, Montana, South Dakota, Texas, Utah, Wyoming, and Paul R. LePage, Governor of Maine filed.

Brief amici curiae of Oklahoma Sheriffs’ Association, et al. filed.

Brief amici curiae of International Municipal Lawyers Association, et al. filed.

Brief amicus curiae of International Municipal Lawyers Association, the International City/County Management Association, and the National Sheriffs’ Association filed.

Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed.

Brief amicus curiae of States of Nebraska, Kansas, Louisiana, Michigan, Montana, South Dakota, Texas, Utah, Wyoming, and Paul R. LePage, Governor of Maine filed.

Brief amicus curiae of Oklahoma Sheriffs’ Association, et al. filed.

Brief amicus curiae of United States of America filed.

Brief amicus curiae of Environmental Federation of Oklahoma, Inc., et al. filed.

Brief amicus curiae of Oklahoma Independent Petroleum Association filed.

Amicus brief of United States of America submitted.

Amicus brief of Environmental Federation of Oklahoma, Inc., et al. submitted.

Amicus brief of States of Nebraska, Kansas, Louisiana, Michigan, Montana, South Dakota, Texas, Utah, Wyoming, and Paul R. LePage, Governor of Maine submitted.

Amicus brief of 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 submitted.

Amicus brief of Oklahoma Independent Petroleum Association submitted.

Letter of July 23, 2018, received from counsel for the petitioner.

Joint appendix (2 volumes) filed.

Brief of petitioner Mike Carpenter, Interim Warden filed.

Motion for an extension of time filed.

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.

Motion of Terry Royal, Warden for an extension of time not accepted for filing. (June 20, 2018)

DISTRIBUTED for Conference of 5/17/2018.

DISTRIBUTED for Conference of 5/10/2018.

Reply of petitioner Terry Royal, Warden filed.

Brief of respondent Patrick Dwayne Murphy in opposition filed.

Brief amicus curiae of Oklahoma Independent Petroleum Association filed.

Brief amicus curiae of United States of America filed.

Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed.

Motion to extend the time to file a response is granted and the time is extended to and including April 9, 2018.

Motion to extend the time to file a response from March 9, 2018 to April 9, 2018, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due March 9, 2018)

SET FOR ARGUMENT Tuesday, November 27, 2018

Parties

Mike Carpenter, Interim Warden, Petitioner, represented by Lisa Schiavo Blatt

Patrick Dwayne Murphy, Respondent, represented by Patti Palmer Ghezzi

Amici Curiae

Environmental Federation of Oklahoma, Inc., et al., Amicus Curiae, represented by Lynn H. Slade

International Municipal Lawyers Association, the International City/County Management Association, and the National Sheriffs’ Association, Amicus Curiae, represented by Sarah M. Shalf

Oklahoma Independent Petroleum Association, Amicus Curiae, represented by Blaine H. Evanson

United States of America, Amicus Curiae, represented by Noel J. Francisco

 
Last updated: October 22, 2018