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Arizona v. Jasper Phillip Rushing

Paid petition · Supreme Court of Arizona, No. CR-15-0268-AP · judgment November 6, 2017

Certiorari denied · October 1, 2018
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and counsel who has filed here before.

Questions presented

  1. Did the Supreme Court of Arizona err in holding that introduction of a defendant’s past violent conduct in the penalty phase of a capital trial automatically requires that jurors be informed about the defendant’s parole ineligibility pursuant to the Due Process Clause as interpreted in Simmons v. South Carolina, 512 U.S. 154 (1994), and its progeny?

  2. Does Simmons apply in a sentencing proceeding for capital murder committed by a defendant already in prison, a context demonstrating that incarceration is not a sufficient means of preventing future violence by that defendant?

Counsel of record

For petitioner
Dominic Emil Draye
Greenberg Traurig LLP

For respondent
Sharmila Roy
Sharmila Roy Attorney at Law

Case

Conference history
Distributed for 1 conference

Linked docket
17A956

Proceedings

  1. Oct 01 2018
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  2. Oct 01 2018
    Petition DENIED.
  3. Jul 03 2018
    DISTRIBUTED for Conference of 9/24/2018.
  4. Jul 03 2018
    Reply of petitioner State of Arizona filed. (Distributed)
  5. Jun 19 2018
    Brief of respondent Jasper Phillip Rushing in opposition filed.
  6. Jun 19 2018
    Motion for leave to proceed in forma pauperis filed by respondent Jasper Phillip Rushing.
  7. May 14 2018
    Motion to extend the time to file a response is granted and the time is extended to and including June 20, 2018.
  8. May 08 2018
    Opposition to motion to extend the time to file a response filed.
  9. May 07 2018
    Motion to extend the time to file a response from May 21, 2018 to June 20, 2018, submitted to The Clerk.
  10. May 07 2018
    Motion of Jasper Phillip Rushing for an extension of time not accepted for filing. (May 11, 2018)
  11. May 07 2018
    Motion of Jasper Phillip Rushing for an extension of time not accepted for filing. (May 11, 2018)
  12. Apr 16 2018
    Petition for a writ of certiorari filed. (Response due May 21, 2018)
  13. Mar 09 2018
    Application (17A956) granted by Justice Kennedy extending the time to file until April 16, 2018.
  14. Mar 06 2018
    Application (17A956) to extend the time to file a petition for a writ of certiorari from March 15, 2018 to May 14, 2018, submitted to Justice Kennedy.
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