Issue: (1) Whether a sentencing judge's exercise of discretion not to impose a death sentence is the functional equivalent of the findings required under Montgomery v. Louisiana to impose a sentence of life without parole on a juvenile offender; and (2) if not, whether the court should vacate the decision of the Arizona Court of Appeals and remand for further consideration in light of Montgomery.
Judgment: Granted, vacated and remanded in a per curiam opinion on October 31, 2016. Justice Sotomayor filed a concurring opinion. Justice Alito filed a dissenting opinion, in which Justice Thomas joined.
|Date||Proceedings and Orders|
|Apr 4 2016||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2016)|
|Apr 13 2016||Waiver of right of respondent Arizona to respond filed.|
|May 4 2016||DISTRIBUTED for Conference of May 19, 2016.|
|May 16 2016||Response Requested . (Due June 15, 2016)|
|May 27 2016||Brief of respondent Arizona in opposition filed.|
|Jun 9 2016||Reply of petitioner Bobby Charles Purcell filed.|
|Jun 16 2016||DISTRIBUTED for Conference of September 26, 2016.|
|Oct 3 2016||DISTRIBUTED for Conference of October 7, 2016.|
|Oct 11 2016||DISTRIBUTED for Conference of October 14, 2016.|
|Oct 24 2016||DISTRIBUTED for Conference of October 28, 2016.|
|Oct 31 2016||Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Montgomery v. Louisiana, 577 U.S. ____ (2016). Justice Sotomayor concurs in the decision to grant, vacate, and remand. See Tatum v. Arizona, 580 U.S. ___ (2016) (Sotomayor, J., concurring). Justice Alito, with whom Justice Thomas joins, dissents from the decision to grant, vacate, and remand. See Tatum v. Arizona, 580 U.S. ___ (2016) (Alito, J., dissenting)|
|Dec 2 2016||MANDATE ISSUED.|
|Dec 2 2016||JUDGMENT ISSUED.|