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David M. Morgan v. Arizona, et al.

Paid petition · Supreme Court of Arizona, No. CV-21-0198-PR · judgment June 14, 2022


Certiorari denied · February 27, 2023
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Does the qualified right of access to voir dire under the First Amendment to the United States Constitution, recognized in Press-Enterprise Co. v. Superior Court, 464 U.S. 501 (1984) (“Press-Enterprise I”), include the right to hear potential juror names during voir dire?

  2. If the qualified First Amendment right of access to voir dire recognized in Press-Enterprise I does not include the right to hear potential juror names during voir dire, did the Arizona Supreme Court misapply the logic prong of the test articulated in Press-Enterprise Co. v. Superior Court, 478 U.S. 1

  3. (“Press-Enterprise II”) when it held that there is also no presumptive right to hear juror names during voir dire under that test?

Counsel of record

For petitioner
Gregg P. Leslie
ASU College of Law First Amendment Clinic

For respondent
Jeffrey Lee Sparks
Arizona Attorney General

Case

Conference history
Distributed for 3 conferences

Linked docket
22A149

Proceedings

  1. Feb 27 2023
    Petition DENIED.
  2. Feb 21 2023
    DISTRIBUTED for Conference of 2/24/2023.
  3. Jan 18 2023
    DISTRIBUTED for Conference of 2/17/2023.
  4. Jan 12 2023
  5. Dec 30 2022
    Brief of respondents Arizona, et al. in opposition filed.
  6. Dec 22 2022
    Motion to extend the time to file a response is granted and the time is extended to and including January 23, 2023.
  7. Dec 21 2022
    Motion to extend the time to file a response from December 23, 2022 to January 23, 2023, submitted to The Clerk.
  8. Nov 23 2022
    Response Requested. (Due December 23, 2022)
  9. Nov 15 2022
    DISTRIBUTED for Conference of 12/2/2022.
  10. Nov 14 2022
    Waiver of right of respondent Arizona, et al. to respond filed.
  11. Oct 12 2022
    Petition for a writ of certiorari filed. (Response due November 14, 2022)
  12. Aug 18 2022
    Application (22A149) granted by Justice Kagan extending the time to file until October 12, 2022.
  13. Aug 16 2022
    Application (22A149) to extend the time to file a petition for a writ of certiorari from September 12, 2022 to October 12, 2022, submitted to Justice Kagan.