Supreme Court of the United States · Official docket →
Troy Thomas York v. Arizona
Paid petition · Court of Appeals of Arizona, Division One, No. 1 CA-CR 23-0358 PRPC · judgment November 28, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Does the Fourteenth Amendment confer the right to effective assistance of first collateral review counsel for claims of ineffective assistance of trial counsel, where the State requires that ineffective assistance of trial counsel claims be raised for the first time on collateral review; and, if so, does the State offend the Constitution by failing to provide a reasonable procedure by which that right may be vindicated?
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Did the Arizona courts deprive Troy York of a fair trial by providing the jury with a deficient selfdefense jury instruction, thereby relieving the State of its burden to disprove York’s self-defense justification beyond a reasonable doubt?
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Did the Arizona courts deprive Troy of a fair trial by giving a deficient jury instruction regarding the definition of dangerous instrument, thereby preventing the jury from properly considering Troy’s defense of crime prevention?
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Did the Arizona courts violate Troy’s Sixth (and Fourteenth) Amendment right to trial by jury by imposing a sentence for a dangerous offense without a jury finding of dangerousness, given that neither “the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument” nor “the intentional or knowing infliction of serious physical injury” were elements of the offense for which he was convicted?
Counsel of record
For petitioner
Angela Charlene Poliquin
Grand Canyon Law Group
For respondent
Douglas Gerlach
Office of the Maricopa County Attorney
Proceedings
- Nov 04 2024Petition DENIED.
- Oct 09 2024DISTRIBUTED for Conference of 11/1/2024.
- Oct 09 2024Waiver of right of respondent Rachel Mitchell, Maricopa County Attorney to respond filed.
- Oct 04 2024Waiver of right of respondent Arizona to respond filed.
- Sep 30 2024Petition for a writ of certiorari filed. (Response due November 1, 2024)
- Jul 18 2024Application (24A56) granted by Justice Kagan extending the time to file until September 29, 2024.
- Jul 12 2024Application (24A56) to extend the time to file a petition for a writ of certiorari from July 31, 2024 to September 29, 2024, submitted to Justice Kagan.