Supreme Court of the United States · Official docket →
Scott Drake Clabourne v. Arizona
IFP petition · Superior Court of Arizona, Pima County, No. CR06824-001 · judgment May 10, 2024
Question presented
I Whether Arizona has ignored the Strickland prejudice prong in defaulting Mr. Clabourne’s sentencing IAC claim by requiring counsel to have filed a PCR petition before the prejudice was evident, during the pendency of Martinez litigation and in the face of a previous dismissal of PCR litigation with prejudice in the trial court. II Whether Arizona’s inconsistent application of its procedural default rules to successive PCR claims due to their simultaneous litigation in federal courts will render this procedural default inadequate to bar federal habeas review. III Whether Arizona’s creation of a non-discretionary right of review of IAC claims followed by Arizona’s appointment of inexperienced PCR counsel who provided concededly deficient representation was arbitrary and denied Mr. Clabourne Fourteenth Amendment Equal Protection under Douglas v. California.
Counsel of record
For petitioner
Stephen Jonathan Young
Law Office of S. Jonathan Young
For respondent
Jason Dale Lewis
Arizona Attorney General's Office
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
—
Proceedings
- Sep 23 2026Motion to extend the time to file a response is granted and the time is extended to and including November 16, 2026.
- Sep 22 2026Motion to extend the time to file a response from October 16, 2026 to November 16, 2026, submitted to The Clerk.
- Aug 03 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2026)