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mahatmakanejeeves

(57,797 posts)
Wed Feb 22, 2023, 04:57 PM Feb 2023

Supreme Court sides with Arizona death row inmate seeking to challenge sentence in federal court

Source: CNN

Supreme Court sides with Arizona death row inmate seeking to challenge sentence in federal court

By Ariane de Vogue and Devan Cole, CNN
Published 10:48 AM EST, Wed February 22, 2023

Washington (CNN) — The Supreme Court on Wednesday ruled in favor of an Arizona death row inmate who argued he should be able to challenge his sentence in federal court but was stopped from doing so by a state procedural rule. ... Justice Sonia Sotomayor penned the 5-4 majority decision, which was joined by Chief Justice John Roberts and Justices Elena Kagan, Brett Kavanaugh and Ketanji Brown Jackson.

John Montenegro Cruz was convicted of the murder of a Tucson police officer in 2003 and sentenced to death. At his trial, as the jury was considering whether to impose a sentence of life or the death penalty, Cruz’s lawyer repeatedly asked if he could inform the jury that he would not be eligible for parole if he got a life sentence. ... He cited the fact that in 1994, the Supreme Court held in Simmons v. South Carolina that due process entitled a death row inmate to inform the jury of parole ineligibility when future dangerousness is at issue. He lost the bid and received a death sentence. When Cruz appealed, the Arizona Supreme Court affirmed the lower court, concluding that Simmons did not apply in Arizona.

In 2016, the Supreme Court ruled in Lynch v. Arizona that Simmons does apply in Arizona. Cruz appealed anew and was once again denied. ... The state pointed to a procedural rule that says in order to appeal, there has to be a “significant change in the law.” The Arizona Supreme Court said the Lynch holding was not a significant change.

“Although this is a very technical ruling, its basic gist is that state supreme courts can’t rely upon novel state procedural rules to prevent state prisoners from bringing federal constitutional claims,” said Steve Vladeck, a CNN Supreme Court analyst and professor at the University of Texas School of Law.

{snip}

Read more: https://www.cnn.com/2023/02/22/politics/arizona-death-row-inmate-john-cruz-supreme-court/index.html



The Supreme Court set aside an Arizona inmate’s death sentence, finding state courts erred

wsj.com
Supreme Court Reverses Death Sentence for Arizona Defendant
The justices ruled that an inmate was illegally barred from telling jury he was ineligible for parole.






Supreme Court Reverses Death Sentence for Arizona Defendant
Justices rule inmate was illegally barred from telling jury he was ineligible for parole

https://www.wsj.com/articles/supreme-court-reverses-death-sentence-for-arizona-defendant-3febfbbc
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Supreme Court sides with Arizona death row inmate seeking to challenge sentence in federal court (Original Post) mahatmakanejeeves Feb 2023 OP
So will this set up Trump who is most likely going to challenge and indictment Bev54 Feb 2023 #1
No, I don't think so. lastlib Feb 2023 #3
I don't really understand it all but I have read from legal analysis that there is a chance Bev54 Feb 2023 #5
I studied dozens of SCOTUS decisions in college lapfog_1 Feb 2023 #2
yep. this was about as close to a middle finger stopdiggin Feb 2023 #4
I Am And I'm Not... GB_RN Feb 2023 #6
That's happened several times since June after Roe was overturned Polybius Feb 2023 #7

Bev54

(10,100 posts)
1. So will this set up Trump who is most likely going to challenge and indictment
Wed Feb 22, 2023, 05:42 PM
Feb 2023

from Georgia, wanting it to be heard in Federal court?

lastlib

(23,397 posts)
3. No, I don't think so.
Wed Feb 22, 2023, 05:55 PM
Feb 2023

IANAL, but it sounds like this would only apply if Georgia had some procedural rule that would bar a defendant from appealing a federal constitutional question in federal court. It would be complicated, and I may be looking at it wrong or not seeing something, but I don't see a federal question in a state election-fraud case.

Bev54

(10,100 posts)
5. I don't really understand it all but I have read from legal analysis that there is a chance
Wed Feb 22, 2023, 06:19 PM
Feb 2023

Trump could file to have his case heard under a Federal court and there is some ambiguity about if it would work or not. What everyone seems to agree on is that it could delay, delay, delay.

lapfog_1

(29,246 posts)
2. I studied dozens of SCOTUS decisions in college
Wed Feb 22, 2023, 05:49 PM
Feb 2023

and the one thing SCOTUS does not like is when a lower court (federal or state) ignores one of their decisions.

Surprised this was only 5-4

stopdiggin

(11,419 posts)
4. yep. this was about as close to a middle finger
Wed Feb 22, 2023, 06:17 PM
Feb 2023

(my opinion anyway) as one court can give to another ...


In 2016, the Supreme Court ruled in Lynch v. Arizona that Simmons does apply in Arizona. Cruz appealed anew and was once again denied. ... The state pointed to a procedural rule that says in order to appeal, there has to be a “significant change in the law.” The Arizona Supreme Court said the Lynch holding was not a significant change.

GB_RN

(2,437 posts)
6. I Am And I'm Not...
Wed Feb 22, 2023, 10:44 PM
Feb 2023

I am not surprised that it was (only) 5-4 in that the SCOTUS smacked down the AZSC for thinking it was trying to wind its way around a SCOTUS decision on a technicality. However, I am surprised that the court ruled for the plaintiff in this case as he was trying to avoid the death penalty: The Reichwing's (in)Justices seem to have a raging hard-on for the death penalty, despite them being Catholic (or at least the majority of them, IIRC).

Polybius

(15,540 posts)
7. That's happened several times since June after Roe was overturned
Thu Feb 23, 2023, 12:52 AM
Feb 2023

A few judges issued rulings as if it were still in place.

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