Cruz v. Arizona
Holding
The Arizona Supreme Court's holding below, that Lynch v. Arizona did not represent a "significant change in the law" for purposes of permitting John Montenegro Cruz to file a successive petition for state postconviction relief under Arizona Rule of Criminal Procedure 32.1(g), is not an adequate state-law ground supporting that judgment.
Judgment
Vacated and remanded, 5-4, in an opinion by Sonia Sotomayor on Feb 22, 2023. Justice Barrett filed a dissenting opinion, in which Justices Thomas, Alito, and Gorsuch joined.
Nov 22, 2021Petition for a writ of certiorari filed. (Response due January 6, 2022)
Dec 16, 2021Waiver of Arizona filed 12/16/21 removed from docket. (See Rule 15.1)
Dec 20, 2021Motion to extend the time to file a response from January 6, 2022 to February 7, 2022, submitted to The Clerk.Dec 21, 2021Motion to extend the time to file a response is granted and the time is extended to and including February 7, 2022.
Jan 6, 2022Amicus brief of LatinoJustice PRLDEF not accepted for filing. (January 07, 2022 - correct pdf to be re-efiled)
Jan 6, 2022Brief amicus curiae of LatinoJustice PRLDEF filed.Jan 6, 2022Brief amici curiae of Habeas Scholars filed.Feb 4, 2022Brief of respondent Arizona in opposition filed.Feb 22, 2022Reply of petitioner John Montenegro Cruz filed. (Distributed)Feb 23, 2022DISTRIBUTED for Conference of 3/18/2022.
Mar 21, 2022DISTRIBUTED for Conference of 3/25/2022.
Mar 28, 2022Petition GRANTED limited to the following question: Whether the Arizona Supreme Court’s holding that Arizona Rule of Criminal Procedure 32.1(g) precluded post-conviction relief is an adequate and independent state-law ground for the judgment.
Apr 7, 2022Motion for an extension of time to file the briefs on the merits filed.Apr 28, 2022Motion 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 June 13, 2022. The time to file respondent's brief on the merits is extended to and including August 12, 2022.
Jun 6, 2022Blanket Consent filed by Petitioner, John Montenegro CruzJun 13, 2022Blanket Consent filed by Respondent, ArizonaJun 13, 2022Brief of petitioner John Montenegro Cruz filed.Jun 13, 2022Joint appendix filed. (Statement of costs filed)Jun 21, 2022Amicus brief of Habeas Scholars not accepted for filing. (June 22, 2022)
Jun 21, 2022Brief amici curiae of Ohio Justice & Policy Center and Roderick & Solange MacArthur Justice Center filed.Jun 21, 2022Brief amici curiae of Federal Courts Scholars filed.Jun 21, 2022Brief amici curiae of LatinoJustice PRLDEF, et al. filed.Jun 21, 2022Brief amici curiae of Arizona Capital Representation Project, et al. filed.Jun 21, 2022Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.Aug 3, 2022ARGUMENT SET FOR Tuesday, November 1, 2022.
Aug 12, 2022Brief of respondent Arizona filed.Aug 19, 2022Brief amici curiae of Jonathan F. Mitchell, et al. filed.Aug 31, 2022CIRCULATED
Sep 12, 2022Record requested from the Supreme Court of Arizona.
Sep 12, 2022Reply of petitioner John Montenegro Cruz filed. (Distributed)Oct 11, 2022Record received from the Superior Court of the State of Arizona (Pima County) 1 Box. Part of the record has been electronically filed.
Nov 1, 2022Argued. For petitioner: Neal K. Katyal, Washington, D. C. For respondent: Joseph A. Kanefield, Chief Deputy Attorney General, Phoenix, Ariz.
Dec 7, 2022Record received from the Supreme Court of Arizona (3 boxes and the electronic record).
Feb 22, 2023Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kagan, Kavanaugh, and Jackson, JJ., joined. Barrett, J., filed a dissenting opinion, in which Thomas, Alito, and Gorsuch, JJ., joined.
Mar 27, 2023Judgment and mandate issued.Apr 25, 2023Record returned to the Supreme Court of Arizona (3 boxes and the electronic record).
Apr 26, 2023Record returned to the Superior Court of the State of Arizona (Pima County) 1 Box.
Recommended Citation: Cruz v. Arizona, SCOTUSblog, https://www.scotusblog.com/cases/cruz-v-arizona/