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Ryan Thornell, Director, Arizona Department of Corrections v. Danny Lee Jones
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-99005 · judgment November 7, 2022
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a Ninth Circuit decision below, and a circuit split argued in the petition.
Question presented
Over thirty years ago, Respondent Danny Lee Jones beat Robert Weaver to death and also beat and strangled Weaver's 7-year-old daughter, Tisha, to death, for which he was convicted and sentenced to death. The district court denied habeas relief following an evidentiary hearing on Jones's ineffective-assistance-of-sentencing-counsel claims. But a Ninth Circuit panel reversed the district court, giving no deference to the district court's detailed factual findings. Judge Mark Bennett authored a nine-judge dissent from the denial of en banc rehearing. The Question Presented is: Did the Ninth Circuit violate this Court's precedents by employing a flawed methodology for assessing Strickland prejudice when it disregarded the district court's factual and credibility findings and excluded evidence in aggravation and the State's rebuttal when it reversed the district court and granted habeas relief?
Counsel of record
For petitioner
Jason Dale Lewis
Arizona Attorney General's Office
For respondent
Jean-Claude Andre
Bryan Cave Leighton Paisner
Case
Conference history
Distributed for 9 conferences
Amicus briefs
4 merits
(1 supporting pet./neither, 3 respondent)
Argument & decision
Argued April 17, 2024 — Jason D. Lewis · Jean-Claude Andre. Audio and transcript
Decided May 30, 2024. Opinion by Alito.
Proceedings
- Jul 01 2024Judgment Issued.
- May 31 2024Record returned to the U.S. District Court for the District of Arizona (Phoenix Division) (3 boxes).
- May 30 2024Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Kagan, J., joined. Jackson, J., filed a dissenting opinion.
- Apr 17 2024Argued. For petitioner: Jason D. Lewis, Deputy Solicitor General, Phoenix, Ariz. For respondent: Jean-Claude Andre, Santa Monica, Cal.
- Apr 04 2024Reply of petitioner Ryan Thornell, Director, Arizona Department of Corrections filed. (Distributed)
- Mar 20 2024CIRCULATED
- Mar 20 2024Brief amici curiae of The National Association of Criminal Defense Lawyers, et al. filed. (Distributed)
- Mar 20 2024Brief amicus curiae of Equal Justice U.S.A. filed. (Distributed)
- Mar 20 2024Brief amicus curiae of The Arizona Capital Representation Project filed. (Distributed)
- Mar 13 2024Brief of respondent Danny Lee Jones filed.
- Feb 21 2024Record requested from the United States Court of Appeals for the Ninth Circuit.
- Feb 16 2024SET FOR ARGUMENT on Wednesday, April 17, 2024.
- Feb 07 2024Motion to extend the time to file respondent's brief on the merits granted and the time is extended to and including March 13, 2024.
- Feb 05 2024Brief amici curiae of South Dakota, et al. filed.
- Jan 30 2024Motion for an extension of time to file respondent's brief on the merits filed.
- Jan 29 2024Brief of petitioner Ryan Thornell, Director, Arizona Department of Corrections filed.
- Jan 29 2024Joint appendix filed. (Statement of cost filed.)
- Dec 13 2023Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
- Dec 13 2023Petition GRANTED.
- Dec 01 2023Rescheduled.
- Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
- Nov 27 2023Record received from the U.S. District Court for the District of Arizona (Phoenix Division) (3 boxes).
- Nov 27 2023DISTRIBUTED for Conference of 12/1/2023.
- Nov 13 2023DISTRIBUTED for Conference of 11/17/2023.
- Nov 06 2023DISTRIBUTED for Conference of 11/9/2023.
- Oct 31 2023Record Requested.
- Oct 31 2023Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and available on PACER.
- Oct 30 2023DISTRIBUTED for Conference of 11/3/2023.
- Oct 23 2023DISTRIBUTED for Conference of 10/27/2023.
- Oct 10 2023DISTRIBUTED for Conference of 10/13/2023.
- Oct 02 2023DISTRIBUTED for Conference of 10/6/2023.
- Sep 06 2023DISTRIBUTED for Conference of 9/26/2023.
- Aug 31 2023Reply of petitioner Ryan Thornell, Director, Arizona Department of Corrections filed.
- Aug 23 2023Brief of respondent Danny Lee Jones in opposition filed.
- Aug 23 2023Motion for leave to proceed in forma pauperis filed by respondent Danny Lee Jones.
- Aug 08 2023Motion to extend the time to file a response is granted and the time is further extended to and including August 23, 2023.
- Aug 07 2023Motion to extend the time to file a response from August 9, 2023 to August 23, 2023, submitted to The Clerk.
- Jul 05 2023Motion to extend the time to file a response is granted and the time is further extended to and including August 9, 2023.
- Jul 03 2023Motion to extend the time to file a response from July 10, 2023 to August 9, 2023, submitted to The Clerk.
- May 02 2023Motion to extend the time to file a response is granted and the time is extended to and including July 10, 2023. See Rule 30.1.
- May 01 2023Motion to extend the time to file a response from May 10, 2023 to July 9, 2023, submitted to The Clerk.
- Apr 06 2023Petition for a writ of certiorari filed. (Response due May 10, 2023)
- Jan 31 2023Application (22A685) granted by Justice Kagan extending the time to file until April 6, 2023.
- Jan 26 2023Application (22A685) to extend the time to file a petition for a writ of certiorari from February 5, 2023 to April 6, 2023, submitted to Justice Kagan.