Supreme Court of the United States · Official docket →
Scott Lee DeShaw, et al. v. Arizona
IFP petition · Arizona Court of Appeals, No. 1 CA-CR 21-0512, 1 CA-CR 21-0541, 1 CA-CR 22-0061, 1 CA-CR 22-0071
Question presented
States may not “make life without parole the mandatory (or mandatory minimum) punishment” for juveniles. Miller v. Alabama, 567 U.S. 460, 482 n.9 (2012). While a child homicide offender may be sentenced to life without parole, the sentencer must have “discretion to impose a lesser punishment.” Jones v. Mississippi, 593 U.S. 98, 100 (2021). The Arizona Supreme Court ruled that the choice between two versions of life without parole—what Arizona refers to as “natural life” and “life”—satisfied this Court’s precedents. State ex rel. Mitchell v. Cooper (Bassett), 535 P.3d 3, 11-13 (Ariz. 2023). But neither option offered a chance at parole during the relevant period. Arizona abolished parole in 1994. Whether “natural life” or “life,” the mandatory minimum penalty for juveniles convicted of first-degree murder was life without parole. The only difference was clemency. Moreover, several child offenders faced the death penalty. Over three dissents, this Court denied certiorari in Bassett. After ordering a response, this Court more recently denied certiorari in Petrone-Cabanas v. Arizona, No. 24-391. In the eight joined cases in this Petition, the Arizona Court of Appeals ruled that it was bound by the Arizona Supreme Court’s decision in Bassett. While there may have been vehicle problems with Bassett and Petrone-Cabanas, those problems do not exist here. The question presented is: Can a juvenile offender be sentenced to life without parole under a system that does not give the sentencing judge discretion to choose a parole-eligible option?
Counsel of record
For petitioner
Mikel Patrick Steinfeld
Maricopa County Office of the Public Defender
For respondent
Eliza Christine Ybarra
Arizona Attorney General's Office
Case
Conference history
Distributed for 4 conferences
Proceedings
- Nov 17 2025Record returned to the Arizona Court of Appeals, Division One (1 envelope).
- Nov 17 2025Record returned to Pima County Superior Court (1 box).
- Nov 10 2025Petition DENIED.
- Nov 03 2025DISTRIBUTED for Conference of 11/7/2025.
- Oct 03 2025Rescheduled.
- Oct 02 2025DISTRIBUTED for Conference of 10/17/2025.
- Sep 29 2025Record received in re Ralph D. Cruz from Pima County Superior Court (1 box).
- Sep 25 2025Record received from the Arizona Court of Appeals, Division One (1 envelope).
- Sep 16 2025Record Requested.
- Jul 31 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 29 2025Reply of petitioners Scott DeShaw, et al. filed. (Distributed)
- Jul 14 2025Brief of respondent Arizona in opposition filed.
- May 30 2025Motion to extend the time to file a response is granted and the time is extended to and including July 14, 2025.
- May 29 2025Motion to extend the time to file a response from June 12, 2025 to July 14, 2025, submitted to The Clerk.
- May 13 2025Response Requested. (Due June 12, 2025)
- May 07 2025DISTRIBUTED for Conference of 5/22/2025.
- Apr 30 2025Waiver of right of respondent Arizona to respond filed.
- Mar 03 2025Application (24A845) granted by Justice Kagan extending the time to file until May 2, 2025.
- Feb 21 2025Application (24A845) to extend the time to file a petition for a writ of certiorari from March 3, 2025 to May 2, 2025, submitted to Justice Kagan.
- Feb 14 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 7, 2025)
- Feb 05 2025Application (24A762) granted by Justice Kagan extending the time to file until April 5, 2025.
- Jan 30 2025Application (24A743) granted by Justice Kagan extending the time to file until April 5, 2025.
- Jan 29 2025Application (24A742) granted by Justice Kagan extending the time to file until April 5, 2025.
- Jan 24 2025Application (24A742) to extend the time to file a petition for a writ of certiorari from February 4, 2025 to April 5, 2025, submitted to Justice Kagan.
- Jan 24 2025Application (24A743) to extend the time to file a petition for a writ of certiorari from February 4, 2025 to April 5, 2025, submitted to Justice Kagan.
- Jan 24 2025Application (24A762) to extend the time to file a petition for a writ of certiorari from February 4, 2025 to April 5, 2025, submitted to Justice Kagan.