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Erick Virgil Hall v. Idaho

Paid petition · Supreme Court of Idaho, No. 31528/41059 · judgment April 11, 2018


Certiorari denied · April 29, 2019
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

To prevent arbitrary imposition of the death penalty, this Court has required use of “‘clear and objective standards’ that provide ‘specific and detailed guidance’” to the sentencing authority responsible for determining whether imposition of a capital sentence is warranted. Godfrey v. Georgia, 446 U.S. 420, 428

  1. (footnotes and citations omitted). The Court also has emphasized that “an aggravating circumstance must genuinely narrow the class of persons eligible for the death penalty and must reasonably justify the imposition of a more severe sentence on the defendant compared to others found guilty of murder.” Zant v. Stephens, 462 U.S. 862, 874 (1983). In this case, petitioner contends that Idaho’s capital sentencing regime fails to satisfy both of these requirements. The questions presented are:

  2. Whether certain of the “aggravating circumstances” used by Idaho to determine whether a defendant may be sentenced to death—those that ask whether the crime was especially “heinous, atrocious or cruel, manifesting exceptional depravity”; whether the defendant exhibited “utter disregard for human life”; and whether the defendant “has exhibited a propensity to commit murder”—fail to provide sentencing juries with constitutionally adequate guidance.

  3. Whether Idaho’s felony-murder aggravating circumstance, which substantially duplicates the State’s felony-murder statute, violates the constitutional requirement that Idaho sufficiently narrow the class of persons subject to the death penalty.

Counsel of record

For petitioner
Charles Rothfeld
Mayer Brown LLP

For respondent
L. LaMont Anderson
Idaho Attorney General's Office

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
18A261

Proceedings

  1. Apr 29 2019
    Petition DENIED.
  2. Apr 10 2019
    DISTRIBUTED for Conference of 4/26/2019.
  3. Apr 09 2019
    Reply of petitioner Erick Virgil Hall filed.
  4. Mar 25 2019
    Brief of respondent State of Idaho in opposition filed.
  5. Feb 25 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including March 25, 2019.
  6. Feb 15 2019
    Motion to extend the time to file a response from February 22, 2019 to March 25, 2019, submitted to The Clerk.
  7. Dec 21 2018
    Brief amicus curiae of Idaho Association of Criminal Defense Lawyers filed.
  8. Dec 20 2018
    Motion to extend the time to file a response is granted and the time is extended to and including February 22, 2019.
  9. Dec 14 2018
    Motion to extend the time to file a response from December 24, 2018 to February 22, 2019, submitted to The Clerk.
  10. Nov 20 2018
    Petition for a writ of certiorari filed. (Response due December 24, 2018)
  11. Sep 14 2018
    Application (18A261) granted by The Chief Justice extending the time to file until November 25, 2018.
  12. Sep 10 2018
    Application (18A261) to extend the time to file a petition for a writ of certiorari from September 26, 2018 to November 25, 2018, submitted to The Chief Justice.