No. 22-796

Johnny Ellery Smith v. United States

Lower Court: Ninth Circuit
Docketed: 2023-02-22
Status: Denied
Type: Paid
Amici (3)Response Waived Experienced Counsel
Tags: assimilative-crimes-act federal-prosecution general-crimes-act indian-country state-law-offenses treaty-rights tribal-sovereignty
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-03-17
Question Presented (AI Summary)

Whether the Assimilative Crimes Act applies to Indian country

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Assimilative Crimes Act, 18 U.S.C. §13, applies to Indian country—either on its own or through the General Crimes Act, 18 U.S.C. §1152—such that the federal government may prosecute Indians for virtually any state-law offense committed in Indian country, including on lands promised by treaty for the “exclusive use” of Indian tribes. @

Docket Entries

2023-03-20
Petition DENIED.
2023-03-17
2023-03-16
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2023-03-15
Brief amici curiae of National Indian Gaming Association, et al. filed.
2023-03-01
DISTRIBUTED for Conference of 3/17/2023.
2023-02-24
Waiver of right of respondent United States to respond filed.
2023-02-16
Petition for a writ of certiorari filed. (Response due March 24, 2023)
2023-01-26
Application (22A545) granted by Justice Kagan extending the time to file until March 10, 2023.
2023-01-24
Application (22A545) to extend further the time from February 10, 2023 to March 10, 2023, submitted to Justice Kagan.
2022-12-19
Application (22A545) granted by Justice Kagan extending the time to file until February 10, 2023.
2022-12-15
Application (22A545) to extend the time to file a petition for a writ of certiorari from January 11, 2023 to February 10, 2023, submitted to Justice Kagan.

Attorneys

Johnny Ellery Smith
Seth P. WaxmanWilmer Cutler Pickering Hale and Dorr LLP, Petitioner
Law Professors and Indian Law Experts
Barbara L. CreelUniversity of New Mexico School of Law , Amicus
National Association of Criminal Defense Lawyers
David Foster NessFederal Defenders of Montana, Amicus
National Indian Gaming Association
Steven Joseph GunnSteven J . Gunn. Attorney at Law, Amicus
United States
Elizabeth B. PrelogarSolicitor General, Respondent