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McKinney v. Arizona

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Docket No. Op. Below Argument Opinion Vote Author Term
18-1109 Ariz. Dec 11, 2019 Feb 25, 2020 5-4 Kavanaugh OT 2019

Holding: When a capital sentencing error under Eddings v. Oklahoma is found on collateral review, a state appellate court may conduct the reweighing of aggravating and mitigating ecidence, as permitted by Clemons v. Mississippi.

Judgment: Affirmed, 5-4, in an opinion by Justice Kavanaugh on February 25, 2020. Justice Ginsburg filed a dissenting opinion, in which Justices Breyer, Sotomayor and Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 07 2018Application (18A580) to extend the time to file a petition for a writ of certiorari from January 21, 2019 to February 21, 2019, submitted to Justice Kagan.
Dec 10 2018Application (18A580) granted by Justice Kagan extending the time to file until February 21, 2019.
Feb 21 2019Petition for a writ of certiorari filed. (Response due March 28, 2019)
Mar 07 2019Motion to extend the time to file a response from March 28, 2019 to April 29, 2019, submitted to The Clerk.
Mar 11 2019Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2019.
Mar 28 2019Brief amicus curiae of Phillips Black, Inc. filed.
Mar 28 2019Brief amici curiae of The Promise of Justice Initiative, et al. filed.
Mar 28 2019Brief amici curiae of The Arizona Capital Representation Project and Arizona Attorneys for Criminal Justice filed.
Apr 25 2019Brief of respondent State of Arizona in opposition filed.
May 09 2019Reply of petitioner James Erin McKinney filed.
May 14 2019DISTRIBUTED for Conference of 5/30/2019.
Jun 03 2019DISTRIBUTED for Conference of 6/6/2019.
Jun 10 2019Petition GRANTED.
Jun 18 2019Joint motion for an extension of time to file the briefs on the merits filed.
Jun 25 2019Blanket Consent filed by Respondent, State of Arizona.
Jun 26 2019Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 14, 2019. The time to file respondent's brief on the merits is extended to and including October 3, 2019.
Jun 26 2019Blanket Consent filed by Petitioner, James Erin McKinney.
Jul 10 2019Joint motion for a further extension of time to file the briefs on the merits filed.
Jul 17 2019Joint motion to extend the time to file to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is further extended to and including August 21, 2019. The time to file respondent's brief on the merits is further extended to and including October 17, 2019.
Aug 21 2019Brief of petitioner James Erin McKinney filed.
Aug 21 2019Joint appendix filed.
Aug 23 2019Brief amicus curiae of The Roderick & Solange MacArthur Justice Center filed.
Aug 28 2019Brief amici curiae of American Civil Liberties Union, et al. filed.
Aug 28 2019Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Aug 28 2019Brief amicus curiae of Capital Punishment Center of The University of Texas School of Law filed.
Aug 28 2019Brief amici curiae of The Advocates for Human Rights and The World Coalition Against the Death Penalty filed.
Aug 28 2019Brief amicus curiae of Lawyers’ Committee for Civil Rights Under Law filed.
Aug 28 2019Brief amicus curiae of Arizona Capital Representation Project filed.
Sep 13 2019SET FOR ARGUMENT on Wednesday, December 11, 2019.
Sep 24 2019Motion of respondent for a further extension of time to file the brief on the merits filed.
Sep 26 2019Motion of respondent to further extend the time to file respondent's brief on the merits is granted and the time is extended to and including October 25, 2019.
Oct 23 2019Record requested from the Supreme Court of Arizona.
Oct 25 2019CIRCULATED
Oct 25 2019Brief of respondent State of Arizona filed. (Distributed)
Oct 31 2019Brief amicus curiae of Arizona Voice for Crime Victims filed. (Distributed)
Nov 01 2019Brief amicus curiae of Arizona Prosecuting Attorneys’ Advisory Council filed. (Distributed)
Nov 01 2019Brief amici curiae of State of Utah, et al. filed. (Distributed)
Nov 01 2019Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
Nov 01 2019Motion for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae and for divided argument filed by Criminal Justice Legal Foundation.
Nov 14 2019The record received from the Supreme Court of Arizona the record is complete. A portion of the record is Sealed. (2 Boxes)
Nov 18 2019Motion of Criminal Justice Legal Foundation for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae, and for divided argument DENIED.
Nov 25 2019Reply of petitioner James Erin McKinney filed. (Distributed)
Dec 11 2019Argued. For petitioner: Neal K. Katyal, Washington, D. C. For respondent: Oramel H. Skinner, Solicitor General, Phoenix, Ariz.
Feb 25 2020Adjudged to be AFFIRMED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Gorsuch, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined.
Mar 30 2020MANDATE ISSUED.
Mar 30 2020JUDGMENT ISSUED.
Jun 18 2020The record from the Supreme Court of Arizona has been returned.