Purcell v. Arizona

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
15-8842	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 required under Montgomery v. Louisiana to impose a sentence of life without parole on a juvenile offender; and (2) if not, whether the 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.

SCOTUSblog Coverage

Court sends Arizona life-without-parole cases back to state courts (Amy Howe, October 31, 2016)

Date	Proceedings and Orders (key to color coding)
04/04/2016	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2016)
04/13/2016	Waiver of right of respondent Arizona to respond filed.
05/04/2016	DISTRIBUTED for Conference of May 19, 2016.
05/16/2016	Response Requested . (Due June 15, 2016)
05/27/2016	Brief of respondent Arizona in opposition filed.
06/09/2016	Reply of petitioner Bobby Charles Purcell filed.
06/16/2016	DISTRIBUTED for Conference of September 26, 2016.
10/03/2016	DISTRIBUTED for Conference of October 7, 2016.
10/11/2016	DISTRIBUTED for Conference of October 14, 2016.
10/24/2016	DISTRIBUTED for Conference of October 28, 2016.
10/31/2016	Motion 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 concurs in the decision to grant, vacate, and remand. See Tatum v. Arizona, 580 U.S. ___ (2016) (Sotomayor, J., concurring). Justice Alito, with whom Justice Thomas joins, dissents from the decision to grant, vacate, and remand. See Tatum v. Arizona, 580 U.S. ___ (2016) (Alito, J., dissenting)
12/02/2016	MANDATE ISSUED.
12/02/2016	JUDGMENT ISSUED.