Pavatt v. Sharp

Petition for certiorari denied on January 27, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
19-697 10th Cir. N/A N/A N/A N/A OT 2019

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel on an amicus brief in support of the petitioner in this case.

Issues: (1) Whether the Supreme Court should summarily reverse the U.S. Court of Appeals for the 10th Circuit’s clearly erroneous procedural ruling; and (2) whether, if the Supreme Court grants plenary review, a state’s application of an aggravating factor to justify the death penalty violates the Eighth and 14th Amendments—and conflicts with both the Supreme Court’s precedents prohibiting the arbitrary imposition of capital sentences and the decisions of other appellate courts—when it makes punishable by death any homicide where the victim does not die immediately.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 06 2019Application (19A274) to extend the time to file a petition for a writ of certiorari from September 25, 2019 to November 24, 2019, submitted to Justice Sotomayor.
Sep 11 2019Application (19A274) granted by Justice Sotomayor extending the time to file until November 25, 2019.
Nov 25 2019Petition for a writ of certiorari filed. (Response due January 2, 2020)
Dec 23 2019Blanket Consent filed by Petitioner, James Dwight Pavatt.
Dec 27 2019Brief amicus curiae of Oklahoma Criminal Defense Lawyers Association filed.
Dec 31 2019Brief of respondent Thomas Sharp, Interim Warden in opposition filed.
Jan 02 2020Brief amici curiae of Members of the Oklahoma Death Penalty Review Commission filed.
Jan 06 2020Letter waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed.
Jan 08 2020DISTRIBUTED for Conference of 1/24/2020.
Jan 08 2020Reply of petitioner James Dwight Pavatt filed. (Distributed)
Jan 27 2020Petition DENIED.
Term Snapshot
At a Glance