No. 20-7622

Merle Denezpi v. United States

Lower Court: Tenth Circuit
Docketed: 2021-03-31
Status: Judgment Issued
Type: IFP
Amici (6)Response RequestedResponse WaivedRelisted (4)IFP Experienced Counsel
Tags: constitutional-provisions court-of-indian-offenses criminal-prosecution double-jeopardy federal-agency indian-law jurisdictional-issue procedural-history tribal-court ute-mountain-ute-agency
Key Terms:
FifthAmendment
Latest Conference: 2021-10-15 (distributed 4 times)
Question Presented (AI Summary)

Is the Court of Indian Offenses of Ute Mountain Ute Agency a federal agency such that Merle Denezpi's conviction in that court barred his subsequent prosecution in a United States District Court for a crime arising out of the same incident?

Question Presented (OCR Extract)

QUESTION PRESENTED Is the Court of Indian Offenses of Ute Mountain Ute Agency a federal agency such that Merle Denezpi’s conviction in that court barred his subsequent prosecution in a United States District Court for a crime arising out of the same incident? i

Docket Entries

2022-07-15
JUDGMENT ISSUED
2022-06-13
Adjudged to be AFFIRMED. Barrett, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/21pdf/20-7622_ljgm.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Thomas, Breyer, Alito, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined as to Parts I and III.
2022-02-23
Letter of the Solicitor General correcting a statement made by counsel for the government at oral argument filed. (Distributed)
2022-02-22
Argued. For petitioner: Michael B. Kimberly, Washington, D. C. For respondent: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
2022-02-09
Reply of petitioner Merle Denezpi filed. (Distributed)
2022-01-18
Brief amici curiae of States of Colorado, Nebraska, Nevada, and Utah filed. (Distributed)
2022-01-18
Brief amici curiae of Federal Indian Law Scholars and Historians filed. (Distributed)
2022-01-18
Brief amici curiae of Former United States Attorneys John C. Anderson, et al. filed. (Distributed)
2022-01-18
Brief amici curiae of National Indigenous Women's Resource Center and the National Congress of American Indians filed. (Distributed)
2022-01-18
Brief amici curiae of Ute Mountain Ute Tribe, Eastern Shawnee Tribe of Oklahoma, Otoe-Missouria Tribe of Indians filed. (Distributed)
2022-01-18
CIRCULATED
2022-01-11
Brief of respondent United States filed.
2021-12-21
Record requested from the U.S.C.A. 10th Circuit.
2021-12-17
ARGUMENT SET FOR Tuesday, February 22, 2022.
2021-12-14
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2021-12-07
Joint appendix filed (statement of cost filed.)
2021-12-07
Brief of petitioner Merle Denezpi filed.
2021-11-18
Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 7, 2021. The time to file respondent's brief on the merits is extended to and including January 11, 2022.
2021-11-18
Joint motion for an extension of time to file the briefs on the merits filed.
2021-10-18
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
2021-10-12
DISTRIBUTED for Conference of 10/15/2021.
2021-10-04
DISTRIBUTED for Conference of 10/8/2021.
2021-08-05
DISTRIBUTED for Conference of 9/27/2021.
2021-07-19
Brief of respondent United States in opposition filed.
2021-06-16
Motion to extend the time to file a response is granted and the time is further extended to and including July 19, 2021.
2021-06-15
Motion to extend the time to file a response from June 18, 2021 to July 19, 2021, submitted to The Clerk.
2021-05-13
Motion to extend the time to file a response is granted and the time is extended to and including June 18, 2021.
2021-05-12
Motion to extend the time to file a response from May 19, 2021 to June 18, 2021, submitted to The Clerk.
2021-04-19
Response Requested. (Due May 19, 2021)
2021-04-08
DISTRIBUTED for Conference of 4/23/2021.
2021-04-05
Waiver of right of respondent United States to respond filed.
2021-03-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 30, 2021)

Attorneys

Federal Indian Law Scholars and Historians
Ian Heath GershengornJenner & Block, Amicus
Ian Heath GershengornJenner & Block, Amicus
Former United States Attorneys John C. Anderson, et al.
Robert Trent ShoresGableGotwals, Amicus
Robert Trent ShoresGableGotwals, Amicus
Merle Denezpi
Michael B. KimberlyMcDermott Will & Emery LLP, Petitioner
Michael B. KimberlyMcDermott Will & Emery LLP, Petitioner
Theresa M. DuncanDuncan Earnest LLC, Petitioner
Theresa M. DuncanDuncan Earnest LLC, Petitioner
National Association of Criminal Defense Lawyers
Keith James HilzendegerFederal Public Defender, District of Arizona, Amicus
Keith James HilzendegerFederal Public Defender, District of Arizona, Amicus
National Indigenous Women's Resource Center and the National Congress of American Indians
Mary Kathryn NaglePipestem and Nagle Law PC, Amicus
Mary Kathryn NaglePipestem and Nagle Law PC, Amicus
States of Colorado, Nebraska, Nevada, and Utah
Eric Reuel OlsonSolicitor General, Amicus
Eric Reuel OlsonSolicitor General, Amicus
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Ute Mountain Ute Tribe, Eastern Shawnee Tribe of Oklahoma, Otoe-Missouria Tribe of Indians
Jennifer H. WeddleGreenberg Traurig, Amicus
Jennifer H. WeddleGreenberg Traurig, Amicus