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Cruz v. Arizona
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-846 | Ariz. |
Nov 1, 2022 |
Feb 22, 2023 | 5-4 | Sotomayor | OT 2022 |
Holding: The Arizona Supreme Court’s holding below — that Lynch v. Arizona did not represent a “significant change in the law” for purposes of permitting John Montenegro Cruz to file a successive petition for state postconviction relief under Arizona Rule of Criminal Procedure 32.1(g) — is not an adequate state-law ground supporting that judgment.
Judgment: Vacated and remanded, 5-4, in an opinion by Justice Sotomayor on February 22, 2023. Justice Barrett filed a dissenting opinion, in which Justices Thomas, Alito, and Gorsuch joined.
SCOTUSblog Coverage
- In rare win for people on death row, justices chide Arizona for ignoring Supreme Court precedent (Alexis Hoag-Fordjour, February 23, 2023)
- Arizona asks court to approve “Kafkaesque” treatment of due-process claim from man on death row (Alexis Hoag-Fordjour, November 2, 2022)
- A due-process claim from a man on death row hinges on how the justices view an Arizona procedural rule (Alexis Hoag-Fordjour, October 29, 2022)
- Affirmative action cases up first in November argument calendar (Amy Howe, August 3, 2022)
- A second look at a death-row prisoner’s ineffective-assistance-of-counsel claim (John Elwood, March 30, 2022)
- Justices add three new cases, including challenge to animal-welfare law and Warhol copyright dispute (Amy Howe, March 28, 2022)
- Andy Warhol’s artwork, Arizona’s capital sentencing, and more on armed career criminals (John Elwood, March 23, 2022)
- “Remain in Mexico” and Texas’ anti-abortion law (Andrew Hamm, January 7, 2022)
| Date | Proceedings and Orders |
|---|---|
| Nov 22 2021 | Petition for a writ of certiorari filed. (Response due January 6, 2022) |
| Dec 16 2021 | Waiver of Arizona filed 12/16/21 removed from docket. (See Rule 15.1) |
| Dec 20 2021 | Motion to extend the time to file a response from January 6, 2022 to February 7, 2022, submitted to The Clerk. |
| Dec 21 2021 | Motion to extend the time to file a response is granted and the time is extended to and including February 7, 2022. |
| Jan 06 2022 | Amicus brief of LatinoJustice PRLDEF not accepted for filing. (January 07, 2022 - correct pdf to be re-efiled) |
| Jan 06 2022 | Brief amicus curiae of LatinoJustice PRLDEF filed. |
| Jan 06 2022 | Brief amici curiae of Habeas Scholars filed. |
| Feb 04 2022 | Brief of respondent Arizona in opposition filed. |
| Feb 22 2022 | Reply of petitioner John Montenegro Cruz filed. (Distributed) |
| Feb 23 2022 | DISTRIBUTED for Conference of 3/18/2022. |
| Mar 21 2022 | DISTRIBUTED for Conference of 3/25/2022. |
| Mar 28 2022 | Petition GRANTED limited to the following question: Whether the Arizona Supreme Court’s holding that Arizona Rule of Criminal Procedure 32.1(g) precluded post-conviction relief is an adequate and independent state-law ground for the judgment. |
| Apr 07 2022 | Motion for an extension of time to file the briefs on the merits filed. |
| Apr 28 2022 | 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 June 13, 2022. The time to file respondent's brief on the merits is extended to and including August 12, 2022. |
| Jun 06 2022 | Blanket Consent filed by Petitioner, John Montenegro Cruz |
| Jun 13 2022 | Blanket Consent filed by Respondent, Arizona |
| Jun 13 2022 | Brief of petitioner John Montenegro Cruz filed. |
| Jun 13 2022 | Joint appendix filed. (Statement of costs filed) |
| Jun 21 2022 | Amicus brief of Habeas Scholars not accepted for filing. (June 22, 2022) |
| Jun 21 2022 | Brief amici curiae of Ohio Justice & Policy Center and Roderick & Solange MacArthur Justice Center filed. |
| Jun 21 2022 | Brief amici curiae of Federal Courts Scholars filed. |
| Jun 21 2022 | Brief amici curiae of LatinoJustice PRLDEF, et al. filed. |
| Jun 21 2022 | Brief amici curiae of Arizona Capital Representation Project, et al. filed. |
| Jun 21 2022 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
| Aug 03 2022 | ARGUMENT SET FOR Tuesday, November 1, 2022. |
| Aug 12 2022 | Brief of respondent Arizona filed. |
| Aug 19 2022 | Brief amici curiae of Jonathan F. Mitchell, et al. filed. |
| Aug 31 2022 | CIRCULATED |
| Sep 12 2022 | Record requested from the Supreme Court of Arizona. |
| Sep 12 2022 | Reply of petitioner John Montenegro Cruz filed. (Distributed) |
| Oct 11 2022 | Record received from the Superior Court of the State of Arizona (Pima County) 1 Box. Part of the record has been electronically filed. |
| Nov 01 2022 | Argued. For petitioner: Neal K. Katyal, Washington, D. C. For respondent: Joseph A. Kanefield, Chief Deputy Attorney General, Phoenix, Ariz. |
| Dec 07 2022 | Record received from the Supreme Court of Arizona (3 boxes and the electronic record). |
| Feb 22 2023 | Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kagan, Kavanaugh, and Jackson, JJ., joined. Barrett, J., filed a dissenting opinion, in which Thomas, Alito, and Gorsuch, JJ., joined. |
| Mar 27 2023 | Judgment and mandate issued. |
| Apr 25 2023 | Record returned to the Supreme Court of Arizona (3 boxes and the electronic record). |
| Apr 26 2023 | Record returned to the Superior Court of the State of Arizona (Pima County) 1 Box. |
