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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


Certiorari denied · November 4, 2024
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 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?

  2. 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?

  3. 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?

  4. 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

Case

Conference history
Distributed for 1 conference

Linked docket
24A56

Proceedings

  1. Nov 04 2024
    Petition DENIED.
  2. Oct 09 2024
    DISTRIBUTED for Conference of 11/1/2024.
  3. Oct 09 2024
    Waiver of right of respondent Rachel Mitchell, Maricopa County Attorney to respond filed.
  4. Oct 04 2024
    Waiver of right of respondent Arizona to respond filed.
  5. Sep 30 2024
    Petition for a writ of certiorari filed. (Response due November 1, 2024)
  6. Jul 18 2024
    Application (24A56) granted by Justice Kagan extending the time to file until September 29, 2024.
  7. Jul 12 2024
    Application (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.