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James Erin McKinney v. Arizona

Paid petition · Supreme Court of Arizona, No. CR-93-362-AP · judgment September 27, 2018

Decided · February 25, 2020
Pre-decision estimate: 8% cert probability (95% interval 5%–11%)

Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.

Questions presented

  1. Whether the Arizona Supreme Court was required to apply current law when weighing mitigating and aggravating evidence to determine whether a death sentence is warranted.

  2. Whether the correction of error under Eddings v. Oklahoma, 455 U.S. 104 (1982), requires resentencing

Counsel of record

For petitioner
Neal Kumar Katyal
Milbank LLP

For respondent
Oramel Horace Skinner
Arizona Attorney General's Office

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 cert-stage · 11 merits
(7 supporting pet./neither, 4 respondent)

Argument & decision

Argued December 11, 2019 — Neal K. Katyal · Oramel H. Skinner. Audio and transcript

Decided February 25, 2020. Opinion by Kavanaugh.

Proceedings

  1. Jun 18 2020
    The record from the Supreme Court of Arizona has been returned.
  2. Mar 30 2020
    MANDATE ISSUED.
  3. Mar 30 2020
    JUDGMENT ISSUED.
  4. Feb 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.
  5. Dec 11 2019
    Argued. For petitioner: Neal K. Katyal, Washington, D. C. For respondent: Oramel H. Skinner, Solicitor General, Phoenix, Ariz.
  6. Nov 25 2019
    Reply of petitioner James Erin McKinney filed. (Distributed)
  7. Nov 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.
  8. Nov 14 2019
    The record received from the Supreme Court of Arizona the record is complete. A portion of the record is Sealed. (2 Boxes)
  9. Nov 01 2019
    Brief amicus curiae of Arizona Prosecuting Attorneys’ Advisory Council filed. (Distributed)
  10. Nov 01 2019
    Brief amici curiae of State of Utah, et al. filed. (Distributed)
  11. Nov 01 2019
    Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
  12. Nov 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.
  13. Oct 31 2019
    Brief amicus curiae of Arizona Voice for Crime Victims filed. (Distributed)
  14. Oct 25 2019
    CIRCULATED
  15. Oct 25 2019
    Brief of respondent State of Arizona filed. (Distributed)
  16. Oct 23 2019
    Record requested from the Supreme Court of Arizona.
  17. Sep 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.
  18. Sep 24 2019
    Motion of respondent for a further extension of time to file the brief on the merits filed.
  19. Sep 13 2019
    SET FOR ARGUMENT on Wednesday, December 11, 2019.
  20. Aug 28 2019
    Brief amici curiae of American Civil Liberties Union, et al. filed.
  21. Aug 28 2019
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  22. Aug 28 2019
    Brief amicus curiae of Capital Punishment Center of The University of Texas School of Law filed.
  23. Aug 28 2019
    Brief amici curiae of The Advocates for Human Rights and The World Coalition Against the Death Penalty filed.
  24. Aug 28 2019
    Brief amicus curiae of Lawyers’ Committee for Civil Rights Under Law filed.
  25. Aug 28 2019
    Brief amicus curiae of Arizona Capital Representation Project filed.
  26. Aug 23 2019
    Brief amicus curiae of The Roderick & Solange MacArthur Justice Center filed.
  27. Aug 21 2019
    Brief of petitioner James Erin McKinney filed.
  28. Aug 21 2019
    Joint appendix filed.
  29. Jul 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.
  30. Jul 10 2019
    Joint motion for a further extension of time to file the briefs on the merits filed.
  31. Jun 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.
  32. Jun 26 2019
    Blanket Consent filed by Petitioner, James Erin McKinney.
  33. Jun 25 2019
    Blanket Consent filed by Respondent, State of Arizona.
  34. Jun 18 2019
    Joint motion for an extension of time to file the briefs on the merits filed.
  35. Jun 10 2019
    Petition GRANTED.
  36. Jun 03 2019
    DISTRIBUTED for Conference of 6/6/2019.
  37. May 14 2019
    DISTRIBUTED for Conference of 5/30/2019.
  38. May 09 2019
    Reply of petitioner James Erin McKinney filed.
  39. Apr 25 2019
    Brief of respondent State of Arizona in opposition filed.
  40. Mar 28 2019
    Brief amicus curiae of Phillips Black, Inc. filed.
  41. Mar 28 2019
    Brief amici curiae of The Promise of Justice Initiative, et al. filed.
  42. Mar 28 2019
    Brief amici curiae of The Arizona Capital Representation Project and Arizona Attorneys for Criminal Justice filed.
  43. Mar 11 2019
    Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2019.
  44. Mar 07 2019
    Motion to extend the time to file a response from March 28, 2019 to April 29, 2019, submitted to The Clerk.
  45. Feb 21 2019
    Petition for a writ of certiorari filed. (Response due March 28, 2019)
  46. Dec 10 2018
    Application (18A580) granted by Justice Kagan extending the time to file until February 21, 2019.
  47. Dec 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.
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