Tatum v. Arizona

Docket No. Op. Below Argument Opinion Vote Author Term
15-8850 Ariz. Ct. App. - Not Argued Oct 31, 2016 TBD Per Curiam OT 2016

Issue: (1) Whether a sentencing judge's exercise of discretion not to impose a death sentence is the functional equivalent of the findings under Montgomery v. Louisiana to impose a sentence of life without parole on a juvenile offender; and (2) whether, if not, this 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.

DateProceedings and Orders (key to color coding)
Apr 4 2016Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 9, 2016)
Apr 20 2016Waiver of right of respondent Arizona to respond filed.
May 4 2016DISTRIBUTED for Conference of May 19, 2016.
May 9 2016Response Requested . (Due June 8, 2016)
May 27 2016Brief of respondent Arizona in opposition filed.
Jun 9 2016Reply of petitioner Bobby Jerry Tatum filed.
Jun 16 2016DISTRIBUTED for Conference of September 26, 2016.
Oct 3 2016DISTRIBUTED for Conference of October 7, 2016.
Oct 11 2016DISTRIBUTED for Conference of October 14, 2016.
Oct 24 2016DISTRIBUTED for Conference of October 28, 2016.
Oct 31 2016Motion 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, concurring in the decision to grant, vacate, and remand. (Detached opinion). Justice Alito, with whom, Justice Thomas joins, dissenting from the decision to grant, vacate, and remand. (Detached Opinion)
Dec 2 2016MANDATE ISSUED.
Dec 2 2016JUDGMENT ISSUED.
 
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