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Arizona v. Rushing

Petition for certiorari denied on October 1, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
17-1449 Ariz. N/A N/A N/A N/A OT 2018

Issues: (1) Whether the Supreme Court of Arizona erred in holding that the introduction of a defendant’s past violent conduct in the penalty phase of a capital trial automatically requires that jurors be informed about the defendant’s parole ineligibility pursuant to the due process clause as interpreted in Simmons v. South Carolina and its progeny; and (2) whether Simmons applies in a sentencing proceeding for capital murder committed by a defendant already in prison, a context demonstrating that incarceration is not a sufficient means of preventing future violence by that defendant.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 06 2018Application (17A956) to extend the time to file a petition for a writ of certiorari from March 15, 2018 to May 14, 2018, submitted to Justice Kennedy.
Mar 09 2018Application (17A956) granted by Justice Kennedy extending the time to file until April 16, 2018.
Apr 16 2018Petition for a writ of certiorari filed. (Response due May 21, 2018)
May 07 2018Motion to extend the time to file a response from May 21, 2018 to June 20, 2018, submitted to The Clerk.
May 07 2018Motion of Jasper Phillip Rushing for an extension of time not accepted for filing. (May 11, 2018)
May 08 2018Opposition to motion to extend the time to file a response filed.
May 14 2018Motion to extend the time to file a response is granted and the time is extended to and including June 20, 2018.
Jun 19 2018Brief of respondent Jasper Phillip Rushing in opposition filed.
Jun 19 2018Motion for leave to proceed in forma pauperis filed by respondent Jasper Phillip Rushing.
Jul 03 2018DISTRIBUTED for Conference of 9/24/2018.
Jul 03 2018Reply of petitioner State of Arizona filed. (Distributed)
Oct 01 2018Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Oct 01 2018Petition DENIED.