No. 18-1109
James Erin McKinney v. Arizona
Tags: aggravating-evidence arizona-supreme-court criminal-procedure death-penalty eddings-precedent eddings-v-oklahoma mitigating-evidence resentencing sentencing sentencing-review
Key Terms:
DueProcess HabeasCorpus Punishment
DueProcess HabeasCorpus Punishment
Latest Conference:
2019-06-06
(distributed 2 times)
Question Presented (AI Summary)
Whether the Arizona Supreme Court was required to apply current law when weighing mitigating and aggravating evidence to determine whether a death sentence is warranted
Question Presented (OCR Extract)
QUESTIONS PRESENTED 1. Whether the Arizona Supreme Court was required to apply current law when weighing mitigating and aggravating evidence to determine whether a death sentence is warranted. 2. Whether the correction of error under Eddings v. Oklahoma, 455 U.S. 104 (1982), requires resentencing. (i)
Docket Entries
2020-06-18
The record from the Supreme Court of Arizona has been returned.
2020-03-30
JUDGMENT ISSUED.
2020-03-30
MANDATE ISSUED.
2020-02-25
Adjudged to be AFFIRMED. Kavanaugh, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/19pdf/18-1109_5i36.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Thomas, Alito, and Gorsuch, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined.
2019-12-11
Argued. For petitioner: Neal K. Katyal, Washington, D. C. For respondent: Oramel H. Skinner, Solicitor General, Phoenix, Ariz.
2019-11-25
Reply of petitioner James Erin McKinney filed. (Distributed)
2019-11-18
Motion of Criminal Justice Legal Foundation for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae, and for divided argument DENIED.
2019-11-14
The record received from the Supreme Court of Arizona the record is complete. A portion of the record is Sealed. (2 Boxes)
2019-11-01
Brief amicus curiae of Arizona Prosecuting Attorneys’ Advisory Council filed. (Distributed)
2019-11-01
Brief amici curiae of State of Utah, et al. filed. (Distributed)
2019-11-01
Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
2019-11-01
Motion for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae and for divided argument filed by Criminal Justice Legal Foundation.
2019-10-31
Brief amicus curiae of Arizona Voice for Crime Victims filed. (Distributed)
2019-10-25
Brief of respondent State of Arizona filed. (Distributed)
2019-10-25
CIRCULATED
2019-10-23
Record requested from the Supreme Court of Arizona.
2019-09-26
Motion of respondent to further extend the time to file respondent's brief on the merits is granted and the time is extended to and including October 25, 2019.
2019-09-24
Motion of respondent for a further extension of time to file the brief on the merits filed.
2019-09-13
SET FOR ARGUMENT on Wednesday, December 11, 2019.
2019-08-28
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2019-08-28
Brief amicus curiae of Arizona Capital Representation Project filed.
2019-08-28
Brief amicus curiae of Lawyers’ Committee for Civil Rights Under Law filed.
2019-08-28
Brief amici curiae of The Advocates for Human Rights and The World Coalition Against the Death Penalty filed.
2019-08-28
Brief amicus curiae of Capital Punishment Center of The University of Texas School of Law filed.
2019-08-28
Brief amici curiae of American Civil Liberties Union, et al. filed.
2019-08-23
Brief amicus curiae of The Roderick & Solange MacArthur Justice Center filed.
2019-08-21
Joint appendix filed.
2019-08-21
Brief of petitioner James Erin McKinney filed.
2019-07-17
Joint motion to extend the time to file to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is further extended to and including August 21, 2019. The time to file respondent's brief on the merits is further extended to and including October 17, 2019.
2019-07-10
Joint motion for a further extension of time to file the briefs on the merits filed.
2019-06-26
Blanket Consent filed by Petitioner, James Erin McKinney.
2019-06-26
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 August 14, 2019. The time to file respondent's brief on the merits is extended to and including October 3, 2019.
2019-06-25
Blanket Consent filed by Respondent, State of Arizona.
2019-06-18
Joint motion for an extension of time to file the briefs on the merits filed.
2019-06-10
Petition GRANTED.
2019-06-03
DISTRIBUTED for Conference of 6/6/2019.
2019-05-14
DISTRIBUTED for Conference of 5/30/2019.
2019-05-09
Reply of petitioner James Erin McKinney filed.
2019-04-25
Brief of respondent State of Arizona in opposition filed.
2019-03-28
Brief amici curiae of The Arizona Capital Representation Project and Arizona Attorneys for Criminal Justice filed.
2019-03-28
Brief amici curiae of The Promise of Justice Initiative, et al. filed.
2019-03-28
Brief amicus curiae of Phillips Black, Inc. filed.
2019-03-11
Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2019.
2019-03-07
Motion to extend the time to file a response from March 28, 2019 to April 29, 2019, submitted to The Clerk.
2019-02-21
Petition for a writ of certiorari filed. (Response due March 28, 2019)
2018-12-10
Application (18A580) granted by Justice Kagan extending the time to file until February 21, 2019.
2018-12-07
Application (18A580) to extend the time to file a petition for a writ of certiorari from January 21, 2019 to February 21, 2019, submitted to Justice Kagan.
Attorneys
American Civil Liberties Union, et al.
Lisa Schiavo Blatt — Williams & Connolly LLP, Amicus
Lisa Schiavo Blatt — Williams & Connolly LLP, Amicus
Arizona Capital Representation Project
Arizona Prosecuting Attorneys’ Advisory Council
Sheila Sullivan Polk — Yavapai County Attorney, Amicus
Sheila Sullivan Polk — Yavapai County Attorney, Amicus
Arizona Voice for Crime Victims
Colleen Clase — Arizona Voice for Crime Victims, Amicus
Colleen Clase — Arizona Voice for Crime Victims, Amicus
Capital Punishment Center of The University of Texas School of Law
Criminal Justice Legal Foundation
James Erin McKinney
Neal Kumar Katyal — Hogan Lovells US LLP, Petitioner
Neal Kumar Katyal — Hogan Lovells US LLP, Petitioner
Lawyers’ Committee for Civil Rights Under Law
National Association of Criminal Defense Lawyers
John Robert Mills — Phillips Black, Amicus
John Robert Mills — Phillips Black, Amicus
State of Arizona
Oramel Horace Skinner — Arizona Attorney General's Office, Respondent
Oramel Horace Skinner — Arizona Attorney General's Office, Respondent
State of Utah, et al.
Tyler Green — Utah Solicitor General, Amicus
Tyler Green — Utah Solicitor General, Amicus
The Advocates for Human Rights and The World Coalition Against the Death Penalty
Amy Bergquist — Attorney at Law, Amicus
Amy Bergquist — Attorney at Law, Amicus
The Arizona Capital Representation Project and Arizona Attorneys for Criminal Justice
The Promise of Justice Initiative
The Roderick & Solange MacArthur Justice Center