No. 23-5592

Beau John Greene v. Arizona

Lower Court: Arizona
Docketed: 2023-09-15
Status: Denied
Type: IFP
IFP
Tags: appellate-review arizona constitutional-bias death-penalty due-process judicial-bias judicial-recusal prosecutorial-conflict recusal williams-v-pennsylvania
Key Terms:
DueProcess Punishment HabeasCorpus
Latest Conference: 2024-01-12
Question Presented (AI Summary)

Did the appellate court violate Greene's due process rights by creating an impermissible risk of actual bias by allowing Justice Montgomery to decide Greene's case?

Question Presented (OCR Extract)

QUESTION PRESENTED Beau Greene is an Arizona death-row prisoner. Due to recent amendments to Arizona’s death-penalty statute by the Arizona legislature, the sole aggravating factor in his case was repealed and subsequently his death sentence was vacated by the Pima County Superior Court. The state appealed, and the Arizona Supreme Court vacated the lower-court ruling and reinstated Greene’s death sentence. Before the court ruled, Greene alerted the court that one of the justices had a conflict of interest in this case. Before his appointment to the Arizona Supreme Court, William Montgomery was the elected Maricopa County Attorney. While he was the County Attorney, his office proposed the amendments in question here and supported passage of the legislation. The legislation went into effect while Montgomery was still in office as the county attorney. Despite Greene’s notice to the court that this legislation played a key role in the litigation, Montgomery declined to recuse himself and went on to write the opinion reinstating Greene’s death sentence. In Williams v. Pennsylvania, 579 U.S. 1 (2016), this Court held that “under the Due Process Clause there is an impermissible risk of actual bias when a judge earlier had significant, personal involvement as a prosecutor in a critical decision regarding the defendant’s case.” Id. at 8. This case is factually analogous to Williams. Did the appellate court violate Greene’s due process rights by creating an impermissible risk of actual bias by allowing Justice Montgomery to decide Greene’s case? i

Docket Entries

2024-01-16
Petition DENIED.
2023-12-28
DISTRIBUTED for Conference of 1/12/2024.
2023-12-13
2023-10-10
Motion to extend the time to file a response is granted and the time is extended to and including December 15, 2023.
2023-10-06
Motion to extend the time to file a response from October 16, 2023 to December 15, 2023, submitted to The Clerk.
2023-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2023)
2023-07-07
Application (23A14) granted by Justice Kagan extending the time to file until September 11, 2023.
2023-07-03
Application (23A14) to extend the time to file a petition for a writ of certiorari from July 13, 2023 to September 11, 2023, submitted to Justice Kagan.

Attorneys

Beau Greene
Julie Singleton Hall — Petitioner
Julie Singleton Hall — Petitioner
State of Arizona
Laura Patrice ChiassonArizona Attorney General, Respondent
Laura Patrice ChiassonArizona Attorney General, Respondent