McKinney v. Arizona
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 18-1109 | 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.
SCOTUSblog Coverage
- Live blog of opinions (Update: Completed) (Kalvis Golde, February 25, 2020)
- Opinion analysis: Court upholds death sentences for Arizona inmate (Amy Howe, February 25, 2020)
- Argument analysis: Justices debate impact of do-over in capital case (Amy Howe, December 12, 2019)
- Argument preview: Justices to take on procedural but important questions in case of Arizona death-row inmate (Amy Howe, December 9, 2019)
- Overview of the courts criminal docket for OT 19 sizeable and significant (Rory Little, September 9, 2019)
- Symposium: The Supreme Court turns against novel or late-breaking execution challenges (Edmund LaCour, July 29, 2019)
- Five new grants today (Amy Howe, June 10, 2019)
- Relist Watch (John Elwood, June 6, 2019)
- Petitions of the week (Aurora Barnes, April 1, 2019)
| Date | Proceedings and Orders |
|---|---|
| 12/07/2018 | 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. |
| 12/10/2018 | Application (18A580) granted by Justice Kagan extending the time to file until February 21, 2019. |
| 02/21/2019 | Petition for a writ of certiorari filed. (Response due March 28, 2019) |
| 03/07/2019 | Motion to extend the time to file a response from March 28, 2019 to April 29, 2019, submitted to The Clerk. |
| 03/11/2019 | Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2019. |
| 03/28/2019 | Brief amicus curiae of Phillips Black, Inc. filed. |
| 03/28/2019 | Brief amici curiae of The Promise of Justice Initiative, et al. filed. |
| 03/28/2019 | Brief amici curiae of The Arizona Capital Representation Project and Arizona Attorneys for Criminal Justice filed. |
| 04/25/2019 | Brief of respondent State of Arizona in opposition filed. |
| 05/09/2019 | Reply of petitioner James Erin McKinney filed. |
| 05/14/2019 | DISTRIBUTED for Conference of 5/30/2019. |
| 06/03/2019 | DISTRIBUTED for Conference of 6/6/2019. |
| 06/10/2019 | Petition GRANTED. |
| 06/18/2019 | Joint motion for an extension of time to file the briefs on the merits filed. |
| 06/25/2019 | Blanket Consent filed by Respondent, State of Arizona. |
| 06/26/2019 | 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. |
| 06/26/2019 | Blanket Consent filed by Petitioner, James Erin McKinney. |
| 07/10/2019 | Joint motion for a further extension of time to file the briefs on the merits filed. |
| 07/17/2019 | 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. |
| 08/21/2019 | Brief of petitioner James Erin McKinney filed. |
| 08/21/2019 | Joint appendix filed. |
| 08/23/2019 | Brief amicus curiae of The Roderick & Solange MacArthur Justice Center filed. |
| 08/28/2019 | Brief amici curiae of American Civil Liberties Union, et al. filed. |
| 08/28/2019 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 08/28/2019 | Brief amicus curiae of Capital Punishment Center of The University of Texas School of Law filed. |
| 08/28/2019 | Brief amici curiae of The Advocates for Human Rights and The World Coalition Against the Death Penalty filed. |
| 08/28/2019 | Brief amicus curiae of Lawyers’ Committee for Civil Rights Under Law filed. |
| 08/28/2019 | Brief amicus curiae of Arizona Capital Representation Project filed. |
| 09/13/2019 | SET FOR ARGUMENT on Wednesday, December 11, 2019. |
| 09/24/2019 | Motion of respondent for a further extension of time to file the brief on the merits filed. |
| 09/26/2019 | 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. |
| 10/23/2019 | Record requested from the Supreme Court of Arizona. |
| 10/25/2019 | CIRCULATED |
| 10/25/2019 | Brief of respondent State of Arizona filed. (Distributed) |
| 10/31/2019 | Brief amicus curiae of Arizona Voice for Crime Victims filed. (Distributed) |
| 11/01/2019 | Brief amicus curiae of Arizona Prosecuting Attorneys’ Advisory Council filed. (Distributed) |
| 11/01/2019 | Brief amici curiae of State of Utah, et al. filed. (Distributed) |
| 11/01/2019 | Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed) |
| 11/01/2019 | 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. |
| 11/14/2019 | The record received from the Supreme Court of Arizona the record is complete. A portion of the record is Sealed. (2 Boxes) |
| 11/18/2019 | 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. |
| 11/25/2019 | Reply of petitioner James Erin McKinney filed. (Distributed) |
| 12/11/2019 | Argued. For petitioner: Neal K. Katyal, Washington, D. C. For respondent: Oramel H. Skinner, Solicitor General, Phoenix, Ariz. |
| 02/25/2020 | 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. |
| 03/30/2020 | MANDATE ISSUED. |
| 03/30/2020 | JUDGMENT ISSUED. |
| 06/18/2020 | The record from the Supreme Court of Arizona has been returned. |