No. 19-1414
United States v. Joshua James Cooley
Tags: civil-rights due-process federal-jurisdiction fourth-amendment indian-law indian-tribe-authority law-enforcement-authority non-indian non-indian-rights public-lands public-right-of-way reservation reservation-jurisdiction search-and-seizure state-and-federal-law tribal-law-enforcement
Key Terms:
FourthAmendment DueProcess CriminalProcedure JusticiabilityDoctri Jurisdiction
FourthAmendment DueProcess CriminalProcedure JusticiabilityDoctri Jurisdiction
Latest Conference:
2021-03-19
(distributed 4 times)
Question Presented (AI Summary)
Whether the lower courts erred in suppressing evidence
Question Presented (OCR Extract)
QUESTION PRESENTED Whether the lower courts erred in suppressing evidence on the theory that a police officer of an Indian tribe lacked authority to temporarily detain and search respondent, a non-Indian, on a public right-of-way within a reservation based on a potential violation of state or federal law. (I)
Docket Entries
2021-07-06
JUDGMENT ISSUED.
2021-06-01
Judgment VACATED and case REMANDED. Breyer, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/20pdf/19-1414_8m58.pdf'>opinion</a> for a unanimous Court. Alito, J., filed a concurring opinion.
2021-03-23
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.)
2021-03-19
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.
2021-03-15
Motion DISTRIBUTED for Conference of 3/19/2021.
2021-03-12
Reply of petitioner United States filed. (Distributed)
2021-03-10
Motion to appoint counsel filed by respondent Joshua James Cooley.
2021-02-22
CIRCULATED.
2021-02-19
Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
2021-02-19
Brief amici curiae of The Ninth Circuit Federal Public and Community Defenders filed. (Distributed)
2021-02-19
Brief amicus curiae of Citizens Equal Rights Foundation filed. (Distributed)
2021-02-12
Brief of respondent Joshua James Cooley filed.
2021-02-04
Record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
2021-02-04
Record requested from the U.S.C.A. 9th Circuit.
2021-02-01
SET FOR ARGUMENT on Tuesday, March 23, 2021.
2021-01-19
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2021-01-15
Brief amicus curiae of Indian Law Scholars and Professors filed.
2021-01-15
Brief amici curiae of Former United States Attorneys filed.
2021-01-15
Brief amici curiae of Cayuga Nation, et al. filed.
2021-01-15
Brief amici curiae of National Indigenous Women's Resource Center, et al. filed.
2021-01-15
Brief amici curiae of Current and Former Members of Congress filed.
2021-01-15
Brief amici curiae of National Congress of American Indians and Other Tribal Organizations filed.
2021-01-14
Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed.
2021-01-14
Brief amici curiae of Lower Brule Sioux Tribe, et al. filed.
2021-01-08
Brief of petitioner United States filed.
2021-01-04
Motion to dispense with printing the joint appendix filed by petitioner United States.
2020-12-31
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.
2020-12-18
Motion for an extension of time to file the briefs on the merits filed.
2020-11-20
Petition GRANTED.
2020-11-20
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2020-11-16
DISTRIBUTED for Conference of 11/20/2020.
2020-10-28
DISTRIBUTED for Conference of 11/13/2020.
2020-10-28
Reply of petitioner United States filed. (Distributed)
2020-10-22
Waiver of the 14-day waiting period under Rule 15.5 filed.
2020-10-15
Motion for leave to proceed in forma pauperis filed by respondent Joshua James Cooley.
2020-10-15
Brief of respondent Joshua James Cooley in opposition filed.
2020-09-15
Response Requested. (Due October 15, 2020)
2020-08-26
DISTRIBUTED for Conference of 9/29/2020.
2020-08-21
Waiver of right of respondent Joshua James Cooley to respond filed.
2020-07-24
Brief amici curiae of National Indigenous Women's Resource Center, et al. filed.
2020-07-24
Brief amici curiae of Crow Tribe of Indians, National Congress of American Indians and Other Tribal Organizations filed.
2020-07-13
Motion to extend the time to file a response is granted and the time is extended to and including August 24, 2020.
2020-07-10
Motion to extend the time to file a response from July 24, 2020 to August 24, 2020, submitted to The Clerk.
2020-06-19
Petition for a writ of certiorari filed. (Response due July 24, 2020)
Attorneys
Cayuga Nation, et al.
Zachary Charles Schauf — Jenner & Block, LLP, Amicus
Zachary Charles Schauf — Jenner & Block, LLP, Amicus
Citizens Equal Rights Foundation
Lawrence A. Kogan — The Kogan Law Group, P.C., Amicus
Lawrence A. Kogan — The Kogan Law Group, P.C., Amicus
Current and Former Members of Congress
Former United States Attorneys
Eric John Magnuson — Robins Kaplan LLP, Amicus
Eric John Magnuson — Robins Kaplan LLP, Amicus
Indian Law Scholars and Professors
Colette Routel — Mitchell Hamline School of Law, Amicus
Colette Routel — Mitchell Hamline School of Law, Amicus
Joshua James Cooley
Eric R Henkel — Christian, Samson & Baskett, PLLC, Respondent
Eric R Henkel — Christian, Samson & Baskett, PLLC, Respondent
Lower Brule Sioux Tribe, the Flandreau Santee Sioux Tribe, and the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation
National Association of Criminal Defense Lawyers
National Congress of American Indians and Other Tribal Organizations
Jennifer H. Weddle — Greenberg Traurig, Amicus
Jennifer H. Weddle — Greenberg Traurig, Amicus
National Indigenous Women's Resource Center
Mary Kathryn Nagle — Pipestem Law LLC, Amicus
Mary Kathryn Nagle — Pipestem Law LLC, Amicus
The Ninth Circuit Federal Public and Community Defenders
United States
Elizabeth B. Prelogar — Acting Solicitor General, Petitioner
Elizabeth B. Prelogar — Acting Solicitor General, Petitioner
Ute Indian Tribe of the Uintah and Ouray Reservation