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Sharp v. Murphy

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Supreme Court of the United States
Sharp v. Murphy
Term: 2019 (reargument)
2018 (first argument)
Important Dates
First argument: November 27, 2018
Second argument: Never scheduled
Outcome
Affirmed
Majority
Per curiam
Dissenting
Clarence Thomas • Samuel Alito


Sharp v. Murphy (originally Carpenter v. Murphy) is a case that was set for reargument before the Supreme Court of the United States during the court's October 2019-2020 term. It came on a writ of certiorari to the United States Court of Appeals for the 10th Circuit.[1]

The case was first argued on November 27, 2018, during the court's 2018-2019 term. After oral arguments, the court announced it would hear arguments on the case again in the 2019-20 term. According to The New York Times' Adam Liptak, that announcement indicated a 4-4 split among the justices. (Justice Neil Gorsuch recused himself because of his previous tenure on the 10th Circuit.)[2]

The court never scheduled arguments for Sharp v. Murphy in the 2019-20 term. Instead, the justices agreed to hear another case, McGirt v. Oklahoma, which concerned the same legal issues. Click here for more information on McGirt v. Oklahoma.

On July 9, 2020, the court affirmed the 10th Circuit's decision in a one-page per curiam ruling. The court affirmed the lower court's ruling based on the reasons stated in McGirt v. Oklahoma.[3] Click here for more information.

HIGHLIGHTS
  • The case: Patrick Murphy was convicted of murder and sentenced to death in 1999. He argued that because the murder occurred on a Native American reservation, the Major Crimes Act of 1907 meant the state of Oklahoma did not have the jurisdiction to try him. The 10th Circuit agreed with Murphy. Mike Carpenter, the warden of the state penitentiary where Murphy resided when the case was being litigated, filed an appeal with the U.S. Supreme Court.
  • The issue: "Whether the 1866 territorial boundaries of the Creek Nation within the former Indian Territory of eastern Oklahoma constitute an 'Indian reservation' today under 18 U.S.C. § 1151(a)."[4]
  • The outcome: On July 9, 2020, the court affirmed the 10th Circuit's decision in a one-page per curiam ruling. The court affirmed the lower court's ruling based on the reasons stated in McGirt v. Oklahoma.[3]


    • You can review the lower court's opinion here.[5]

    Timeline

    The following timeline details key events in this case:

    • July 9, 2020: The U.S. Supreme Court affirmed the 10th Circuit's ruling.
    • July 25, 2019: Tommy Sharp succeeded petitioner Mike Carpenter as interim warden of the Oklahoma State Penitentiary. As such, Sharp automatically became the petitioner in this case.[6]
    • June 27, 2019: The U.S. Supreme Court announced the case would be reargued during the 2019-2020 term.
    • November 27, 2018: The U.S. Supreme Court heard oral argument.
    • May 21, 2018: The U.S. Supreme Court agreed to hear the case.
    • February 6, 2018: The petitioner, Mike Carpenter, appealed to the U.S. Supreme Court.
    • November 9, 2017: The 10th Circuit reversed the district court’s decision and remanded the case, ordering a writ of habeas corpus vacating Murphy's conviction and sentence.

    Background

    Litigation

    Patrick Murphy was convicted of murder and sentenced to death in 1999 by an Oklahoma state court. Murphy appealed the ruling to the Oklahoma Court of Criminal Appeals (OCCA), the state's court of last resort for criminal matters. Murphy argued the Major Crimes Act of 1907 gave only federal authorities the jurisdiction to prosecute murders that took place on Native American reservations. The OCCA rejected Murphy's appeal on the grounds that he offered insufficient evidence that the land was part of a reservation.[7]

    Murphy appealed to a federal district court, which agreed with the OCCA. He then filed an appeal with the 10th Circuit, which overturned the lower court's ruling and ordered Murphy's conviction and sentence to be vacated. The court ruled the OCCA's decision in the case was contrary to established law and the land met the requirements of a reservation under a three-part test established in Solem v. Bartlett (1984).[7]

    MapMurphyPetition.PNG

    Mike Carpenter, warden of the Oklahoma State penitentiary in which Murphy resided when the case was litigated, filed a petition with the U.S. Supreme Court. In his petition, Carpenter included a map of the area that would be recognized as a reservation if the 10th Circuit's ruling was upheld, which included a portion of eastern Oklahoma and the entire city of Tulsa. The petition claimed that a ruling in favor of Murphy would eliminate Oklahoma's law enforcement authority over the reservation. The court agreed to hear the case on May 21, 2018.[8]

    Reargument for the 2019-2020 term

    On June 27, 2019, the U.S. Supreme Court set the case for reargument during its October 2019-2020 term. According to The New York Times, that announcement indicated a 4-4 split among the justices. (Justice Gorsuch recused himself because of his previous tenure on the 10th Circuit.)[2]

    SCOTUS did not schedule arguments for Sharp v. Murphy in the 2019-2020 term. Instead, the justices agreed to hear another case, McGirt v. Oklahoma, which concerned the same legal issues. Click here for more information on McGirt v. Oklahoma.

    Questions presented

    The petitioner presented the following question to the court:[4]

    Question presented:
    “ Whether the 1866 territorial boundaries of the Creek Nation within the former Indian Territory of eastern Oklahoma constitute an "Indian reservation" today under 18 U.S.C. § 1151(a).[9] ”

    Outcome

    In a per curiam opinion, the court affirmed the judgment of the United States Court of Appeals for the 10th Circuit. A per curiam decision is issued collectively by the court. The authorship is not indicated. Click here for more information.

    The court held:

    “ The judgment of the United States Court of Appeals for the Tenth Circuit is affirmed for the reasons stated in McGirt v. Oklahoma.[9] ”
    —Per curiam opinion, decided July 9, 2020[3]


    Justices Clarence Thomas and Samuel Alito dissented.[3]

    Text of the opinion

    Read the full opinion here.

    Oral argument

    Audio

    • Audio of oral argument:[10]

    Transcript

    Read the oral argument transcript here.

    See also

    External links

    Footnotes

    1. ↑ Supreme Court of the United States, "17-1107 Carpenter v. Murphy," accessed November 23, 2018
    2. ↑ 2.0 2.1 The New York Times, "Supreme Court Weighs Whether Much of Oklahoma Is an Indian Reservation," May 11, 2020
    3. ↑ 3.0 3.1 3.2 3.3 Supreme Court of the United States, Sharp v. Murphy, decided July 9, 2020
    4. ↑ 4.0 4.1 Supreme Court of the United States, "17-1107 Carpenter v. Murphy," accessed November 23, 2018
    5. ↑ SCOTUSblog, "Carpenter v. Murphy," accessed November 23, 2018
    6. ↑ Supreme Court of the United States, "Letter re: Carpenter v. Murphy, No. 17-1107," July 25, 2019
    7. ↑ 7.0 7.1 Oyez, "Carpenter v. Murphy," accessed November 23, 2018
    8. ↑ SCOTUSblog, "Argument preview: Justices to turn again to rules for disestablishing tribal reservations," November 20, 2018
    9. ↑ 9.0 9.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    10. ↑ Supreme Court of the United States, Carpenter v. Murphy, argued November 27, 2018
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