| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-8850 | Ariz. Ct. App. - | Not Argued | Oct 31, 2016 | TBD | Per Curiam | OT 2016 |
Issue: (1) Whether a sentencing judge's exercise of discretion not to impose a death sentence is the functional equivalent of the findings under Montgomery v. Louisiana to impose a sentence of life without parole on a juvenile offender; and (2) whether, if not, this court should vacate the decision of the Arizona Court of Appeals and remand for further consideration in light of Montgomery.
Judgment: Granted, vacated and remanded in a per curiam opinion on October 31, 2016. Justice Sotomayor filed a concurring opinion. Justice Alito filed a dissenting opinion, in which Justice Thomas joined.
| Date | Proceedings and Orders |
|---|---|
| Apr 4 2016 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 9, 2016) |
| Apr 20 2016 | Waiver of right of respondent Arizona to respond filed. |
| May 4 2016 | DISTRIBUTED for Conference of May 19, 2016. |
| May 9 2016 | Response Requested . (Due June 8, 2016) |
| May 27 2016 | Brief of respondent Arizona in opposition filed. |
| Jun 9 2016 | Reply of petitioner Bobby Jerry Tatum filed. |
| Jun 16 2016 | DISTRIBUTED for Conference of September 26, 2016. |
| Oct 3 2016 | DISTRIBUTED for Conference of October 7, 2016. |
| Oct 11 2016 | DISTRIBUTED for Conference of October 14, 2016. |
| Oct 24 2016 | DISTRIBUTED for Conference of October 28, 2016. |
| Oct 31 2016 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Montgomery v. Louisiana, 577 U. S. ____ (2016). Justice Sotomayor, concurring in the decision to grant, vacate, and remand. (Detached opinion). Justice Alito, with whom, Justice Thomas joins, dissenting from the decision to grant, vacate, and remand. (Detached Opinion) |
| Dec 2 2016 | MANDATE ISSUED. |
| Dec 2 2016 | JUDGMENT ISSUED. |
