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Lonnie Allen Bassett v. Arizona

Paid petition · Supreme Court of Arizona, No. CR-22-0227-PR · judgment September 18, 2023


Certiorari denied · July 2, 2024
Pre-decision estimate: 3% cert probability

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

Question presented

This Court has repeatedly affirmed that the Constitution “prohibits mandatory life-without-parole sentences for murderers under 18.” Jones v. Mississippi, 141 S. Ct. 1307, 1312 (2021); see Miller v. Alabama, 567 U.S. 460, 470 (2012); Montgomery v. Louisiana, 577 U.S. 190, 195, 206 (2016). Juvenile homicide offenders “may be sentenced to life without parole, but only if the sentence is not mandatory and the sentencer therefore has discretion to impose a lesser punishment” than life without parole. Jones, 141 S. Ct. at 1311 (emphases added). Because Arizona abolished parole in 1994, Miller counted Arizona as one of “29 jurisdictions mandating life without parole for children” in violation of the Eighth Amendment. 567 U.S. at 482, 486-487 & nn.9, 13, 15. Both this Court and the Arizona Supreme Court have repeatedly “confirmed that parole was unavailable” under Arizona law. Lynch v. Arizona, 578 U.S. 613, 616 (2016) (per curiam). In the decision below, the Arizona Supreme Court nevertheless concluded that Miller, Montgomery, and Jones do not forbid Arizona courts from imposing mandatory sentences of life without parole. The question presented is: Whether the Eighth Amendment permits a juvenile to be sentenced to life without parole under a system that did not afford the sentencing court discretion to choose any other option. (i)

Counsel of record

For petitioner
Neal Kumar Katyal
Hogan Lovells US LLP

For respondent
Alexander Westbrook Samuels
Arizona Attorney General's Office

Case

Conference history
Distributed for 5 conferences

Amicus briefs
3 cert-stage

Linked docket
23A475

Argument & decision

Decided July 2, 2024.

Proceedings

  1. Jul 02 2024
    Petition DENIED. Justice Sotomayor, with whom Justice Kagan and Justice Jackson join, dissenting from the denial of certiorari. (Detached Opinion)
  2. Jun 28 2024
    DISTRIBUTED for Conference of 7/1/2024.
  3. Jun 17 2024
    DISTRIBUTED for Conference of 6/20/2024.
  4. Jun 17 2024
    Rescheduled.
  5. Jun 10 2024
    DISTRIBUTED for Conference of 6/13/2024.
  6. Jun 10 2024
    Rescheduled.
  7. Jun 07 2024
    Letter of petitioner filed.
  8. Jun 04 2024
    Rescheduled.
  9. May 21 2024
    DISTRIBUTED for Conference of 6/6/2024.
  10. May 21 2024
    Reply of petitioner Lonnie Bassett filed. (Distributed)
  11. May 17 2024
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
  12. May 08 2024
    Brief of respondent Arizona in opposition filed.
  13. Mar 18 2024
    Motion to extend the time to file a response is granted and the time is extended to and including May 8, 2024.
  14. Mar 15 2024
    Motion to extend the time to file a response from April 8, 2024 to May 8, 2024, submitted to The Clerk.
  15. Mar 07 2024
    Response Requested. (Due April 8, 2024)
  16. Mar 06 2024
    DISTRIBUTED for Conference of 3/22/2024.
  17. Mar 04 2024
    Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
  18. Mar 04 2024
    Brief amici curiae of 15 Constitutional and Criminal Law Professors filed.
  19. Mar 04 2024
    Brief amicus curiae of Office of the Maricopa County Public Defender filed.
  20. Feb 29 2024
    Waiver of right of respondent Arizona to respond filed.
  21. Jan 31 2024
    Petition for a writ of certiorari filed. (Response due March 4, 2024)
  22. Nov 29 2023
    Application (23A475) granted by Justice Kagan extending the time to file until January 31, 2024.
  23. Nov 22 2023
    Application (23A475) to extend the time to file a petition for a writ of certiorari from December 17, 2023 to January 31, 2024, submitted to Justice Kagan.