|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|18-1109||Ariz.||Dec 11, 2019||Feb 25, 2020||5-4||Kavanaugh||OT 2019|
Holding: When a capital sentencing error under Eddings v. Oklahoma is found on collateral review, a state appellate court may conduct the reweighing of aggravating and mitigating ecidence, as permitted by Clemons v. Mississippi.
Judgment: Affirmed, 5-4, in an opinion by Justice Kavanaugh on February 25, 2020. Justice Ginsburg filed a dissenting opinion, in which Justices Breyer, Sotomayor and Kagan joined.
|Date||Proceedings and Orders |
|Dec 07 2018||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.|
|Dec 10 2018||Application (18A580) granted by Justice Kagan extending the time to file until February 21, 2019.|
|Feb 21 2019||Petition for a writ of certiorari filed. (Response due March 28, 2019)|
|Mar 07 2019||Motion to extend the time to file a response from March 28, 2019 to April 29, 2019, submitted to The Clerk.|
|Mar 11 2019||Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2019.|
|Mar 28 2019||Brief amicus curiae of Phillips Black, Inc. filed.|
|Mar 28 2019||Brief amici curiae of The Promise of Justice Initiative, et al. filed.|
|Mar 28 2019||Brief amici curiae of The Arizona Capital Representation Project and Arizona Attorneys for Criminal Justice filed.|
|Apr 25 2019||Brief of respondent State of Arizona in opposition filed.|
|May 09 2019||Reply of petitioner James Erin McKinney filed.|
|May 14 2019||DISTRIBUTED for Conference of 5/30/2019.|
|Jun 03 2019||DISTRIBUTED for Conference of 6/6/2019.|
|Jun 10 2019||Petition GRANTED.|
|Jun 18 2019||Joint motion for an extension of time to file the briefs on the merits filed.|
|Jun 25 2019||Blanket Consent filed by Respondent, State of Arizona.|
|Jun 26 2019||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.|
|Jun 26 2019||Blanket Consent filed by Petitioner, James Erin McKinney.|
|Jul 10 2019||Joint motion for a further extension of time to file the briefs on the merits filed.|
|Jul 17 2019||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.|
|Aug 21 2019||Brief of petitioner James Erin McKinney filed.|
|Aug 21 2019||Joint appendix filed.|
|Aug 23 2019||Brief amicus curiae of The Roderick & Solange MacArthur Justice Center filed.|
|Aug 28 2019||Brief amici curiae of American Civil Liberties Union, et al. filed.|
|Aug 28 2019||Brief amicus curiae of National Association of Criminal Defense Lawyers filed.|
|Aug 28 2019||Brief amicus curiae of Capital Punishment Center of The University of Texas School of Law filed.|
|Aug 28 2019||Brief amici curiae of The Advocates for Human Rights and The World Coalition Against the Death Penalty filed.|
|Aug 28 2019||Brief amicus curiae of Lawyers’ Committee for Civil Rights Under Law filed.|
|Aug 28 2019||Brief amicus curiae of Arizona Capital Representation Project filed.|
|Sep 13 2019||SET FOR ARGUMENT on Wednesday, December 11, 2019.|
|Sep 24 2019||Motion of respondent for a further extension of time to file the brief on the merits filed.|
|Sep 26 2019||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.|
|Oct 23 2019||Record requested from the Supreme Court of Arizona.|
|Oct 25 2019||CIRCULATED|
|Oct 25 2019||Brief of respondent State of Arizona filed. (Distributed)|
|Oct 31 2019||Brief amicus curiae of Arizona Voice for Crime Victims filed. (Distributed)|
|Nov 01 2019||Brief amicus curiae of Arizona Prosecuting Attorneys’ Advisory Council filed. (Distributed)|
|Nov 01 2019||Brief amici curiae of State of Utah, et al. filed. (Distributed)|
|Nov 01 2019||Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)|
|Nov 01 2019||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.|
|Nov 14 2019||The record received from the Supreme Court of Arizona the record is complete. A portion of the record is Sealed. (2 Boxes)|
|Nov 18 2019||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.|
|Nov 25 2019||Reply of petitioner James Erin McKinney filed. (Distributed)|
|Dec 11 2019||Argued. For petitioner: Neal K. Katyal, Washington, D. C. For respondent: Oramel H. Skinner, Solicitor General, Phoenix, Ariz.|
|Feb 25 2020||Adjudged to be AFFIRMED. Kavanaugh, J., delivered the opinion 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.|
|Mar 30 2020||MANDATE ISSUED.|
|Mar 30 2020||JUDGMENT ISSUED.|
|Jun 18 2020||The record from the Supreme Court of Arizona has been returned.|
NEW shadow-docket case: New York landlords ask SCOTUS for an emergency order to prevent the state from continuing to enforce its COVID-related eviction moratorium. They say the moratorium "runs roughshod" over their constitutional rights.
Filing here: https://www.scotusblog.com/wp-content/uploads/2021/07/21A8-1.pdf
New on the shadow docket: Florida seeks an emergency order blocking CDC policies that substantially limit cruise ships from sailing.
Florida asks #SCOTUS to block, pending appeal, CDC restrictions imposed on cruise industry b/c of COVID-19 pandemic: https://www.scotusblog.com/wp-content/uploads/2021/07/21A5.pdf
NEW: Mississippi formally asks the Supreme Court to overturn its landmark abortion case, Roe v. Wade, in latest court filing. https://www.supremecourt.gov/DocketPDF/19/19-1392/184703/20210722161332385_19-1392BriefForPetitioners.pdf
Biden’s SCOTUS reform commission met yesterday and discussed several reform ideas including adding justices and adopting a formal code of ethics.
Term limits emerged as a popular idea. But how to implement it — via statute or constitutional amendment?
Term limits emerge as popular proposal at latest meeting of court-reform commission - SCOTUSblog
The Presidential Commission on the Supreme Court reconvened on Tuesday to hear from a new set of experts on vari...
I really enjoyed getting to chat with the incomparable @AHoweBlogger about (1) why #SCOTUS's "shadow docket" *is* a big deal; (2) why it's so hard to figure out how to include it in broader assessments of the Justices' work; and (3) some possible ways to include it going forward. https://twitter.com/SCOTUSblog/status/1417545384314949635
How do you solve a problem like the shadow docket? @steve_vladeck has some thoughts and shared them with @AHoweBlogger in the latest SCOTUStalk.
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