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Docket for 18-1109 *** CAPITAL CASE ***
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No. 18-1109 *** CAPITAL CASE ***
 
Title: James Erin McKinney, Petitioner
v.
Arizona
Docketed: February 26, 2019
Linked with: 18A580
Lower Ct: Supreme Court of Arizona
   Case Numbers: (CR-93-362-AP)
   Decision Date: September 27, 2018
   Rehearing Denied: October 23, 2018
Questions Presented
 
Proceedings and Orders
Dec 07 2018 Application (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.
Main Document Lower Court Orders/Opinions Proof of Service
Dec 10 2018 Application (18A580) granted by Justice Kagan extending the time to file until February 21, 2019.
Feb 21 2019 Petition for a writ of certiorari filed. (Response due March 28, 2019)
Petition Appendix Certificate of Word Count Proof of Service
Mar 07 2019 Motion to extend the time to file a response from March 28, 2019 to April 29, 2019, submitted to The Clerk.
Main Document
Mar 11 2019 Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2019.
Mar 28 2019 Brief amicus curiae of Phillips Black, Inc. filed.
Main Document Certificate of Word Count Proof of Service
Mar 28 2019 Brief amici curiae of The Promise of Justice Initiative, et al. filed.
Main Document Certificate of Word Count Proof of Service
Mar 28 2019 Brief amici curiae of The Arizona Capital Representation Project and Arizona Attorneys for Criminal Justice filed.
Main Document Certificate of Word Count Proof of Service
Apr 25 2019 Brief of respondent State of Arizona in opposition filed.
Main Document Certificate of Word Count Proof of Service
May 09 2019 Reply of petitioner James Erin McKinney filed.
Main Document Certificate of Word Count Proof of Service
May 14 2019 DISTRIBUTED for Conference of 5/30/2019.
Jun 03 2019 DISTRIBUTED for Conference of 6/6/2019.
Jun 10 2019 Petition GRANTED.
Jun 18 2019 Joint motion for an extension of time to file the briefs on the merits filed.
Main Document
Jun 25 2019 Blanket Consent filed by Respondent, State of Arizona.
Blanket Consent
Jun 26 2019 Joint 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 2019 Blanket Consent filed by Petitioner, James Erin McKinney.
Blanket Consent
Jul 10 2019 Joint motion for a further extension of time to file the briefs on the merits filed.
Main Document
Jul 17 2019 Joint 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 2019 Brief of petitioner James Erin McKinney filed.
Main Document Certificate of Word Count Proof of Service
Aug 21 2019 Joint appendix filed.
Main Document Proof of Service
Aug 23 2019 Brief amicus curiae of The Roderick & Solange MacArthur Justice Center filed.
Main Document Certificate of Word Count Proof of Service
Aug 28 2019 Brief amici curiae of American Civil Liberties Union, et al. filed.
Main Document Certificate of Word Count Proof of Service
Aug 28 2019 Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Main Document Certificate of Word Count Proof of Service
Aug 28 2019 Brief amicus curiae of Capital Punishment Center of The University of Texas School of Law filed.
Main Document Certificate of Word Count Proof of Service
Aug 28 2019 Brief amici curiae of The Advocates for Human Rights and The World Coalition Against the Death Penalty filed.
Main Document Proof of Service Certificate of Word Count
Aug 28 2019 Brief amicus curiae of Lawyers’ Committee for Civil Rights Under Law filed.
Main Document Certificate of Word Count Proof of Service
Aug 28 2019 Brief amicus curiae of Arizona Capital Representation Project filed.
Main Document Certificate of Word Count Proof of Service
Sep 13 2019 SET FOR ARGUMENT on Wednesday, December 11, 2019.
Sep 24 2019 Motion of respondent for a further extension of time to file the brief on the merits filed.
Main Document
Sep 26 2019 Motion 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 2019 Record requested from the Supreme Court of Arizona.
Oct 25 2019 CIRCULATED
Oct 25 2019 Brief of respondent State of Arizona filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 31 2019 Brief amicus curiae of Arizona Voice for Crime Victims filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Nov 01 2019 Brief amicus curiae of Arizona Prosecuting Attorneys’ Advisory Council filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Nov 01 2019 Brief amici curiae of State of Utah, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Nov 01 2019 Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Nov 01 2019 Motion 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.
Main Document Proof of Service
Nov 14 2019 The record received from the Supreme Court of Arizona the record is complete. A portion of the record is Sealed. (2 Boxes)
Nov 18 2019 Motion 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 2019 Reply of petitioner James Erin McKinney filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 11 2019 Argued. For petitioner: Neal K. Katyal, Washington, D. C. For respondent: Oramel H. Skinner, Solicitor General, Phoenix, Ariz.
Feb 25 2020 Adjudged 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 2020 MANDATE ISSUED.
Mar 30 2020 JUDGMENT ISSUED.
Jun 18 2020 The record from the Supreme Court of Arizona has been returned.
Attorneys
Attorneys for Petitioners
Neal Kumar Katyal
Counsel of Record
Hogan Lovells US LLP
555 Thirteenth St., N.W.
Washington, DC 20004
neal.katyal@hoganlovells.com
Ph: 202 637 5600
Party name: James Erin McKinney


Attorneys for Respondents
Oramel Horace Skinner
Counsel of Record
Arizona Attorney General's Office
2005 N. Central Ave.
Phoenix, AZ 85004
o.h.skinner@azag.gov
Ph: 6025428327
Party name: State of Arizona


Other Attorneys
Amir H. Ali
Counsel of Record
Roderick & Solange MacArthur Justice Center
777 6th St. NW
11th Floor
Washington, DC 20001
amir.ali@macarthurjustice.org
Ph: 202-869-3434
Party name: The Roderick & Solange MacArthur Justice Center


Amy Bergquist
Counsel of Record
Attorney at Law
330 Second Avenue South
Suite 800
Minneapolis, MN 55401
abergquist@advrights.org
Ph: 6123413302
Party name: The Advocates for Human Rights and The World Coalition Against the Death Penalty


Lisa Schiavo Blatt
Counsel of Record
Williams & Connolly LLP
725 12th Street, NW
Washington, DC 20005
lblatt@wc.com
Ph: 202-434-5050
Party name: American Civil Liberties Union, et al.


Colleen Clase
Counsel of Record
Arizona Voice for Crime Victims
111 East Taylor Street
Phoenix, AZ 85004
colleen.avcv@gmail.com
Ph: 480-600-2661
Party name: Arizona Voice for Crime Victims


G. Ben Cohen
Counsel of Record
The Promise of Justice Initiative
1024 Elysian Fields
New Orleans, LA 70117
benc@thejusticecenter.org
Ph: 504-529-5955
Party name: The Promise of Justice Initiative


David Joseph Euchner
Counsel of Record
Pima County Public Defender's Office
33 N. Stone Ave.
#2100
Tucson, AZ 85701
david.euchner@pima.gov
Ph: 5207246800
Party name: The Arizona Capital Representation Project and Arizona Attorneys for Criminal Justice


John Howard Fleming
Counsel of Record
Eversheds Sutherland (US) LLP
1114 Avenue of the Americas
The Grace Building, 40th Floor
New York, NY 10036
johnfleming@eversheds-sutherland.com
Ph: (212) 389-5000
Party name: Lawyers’ Committee for Civil Rights Under Law


Tyler Green
Counsel of Record
Utah Solicitor General
350 N. State Street, Suite 230
Salt Lake City, UT 84114-2320
tylergreen@agutah.gov
Ph: (801) 538-9600
Party name: State of Utah, et al.


John Robert Mills
Counsel of Record
Phillips Black
1721 Broadway
Suite 201
Oakland, CA 94612
j.mills@phillipsblack.org
Ph: 888-532-0897
Party name: National Association of Criminal Defense Lawyers


Sheila Sullivan Polk
Counsel of Record
Yavapai County Attorney
1951 W. Camelback Road
Suite 202
Phoenix, AZ 85015
sheila.polk@yavapai.us
Ph: 928-777-7495 602-542-7222
Party name: Arizona Prosecuting Attorneys’ Advisory Council


Natman Schaye
Counsel of Record
Arizona Capital Representation Project
1201 E. Jefferson St. #5
Phoenix, AZ 85034
natman@azcapitalproject.org
Ph: 5209070457
Party name: Arizona Capital Representation Project


Kent S. Scheidegger
Counsel of Record
Criminal Justice Legal Fdtn.
2131 L Street
Sacramento, CA 95816
briefs@cjlf.org
Ph: 9164460345
Party name: Criminal Justice Legal Foundation


Jordan M. Steiker
Counsel of Record
Univ. of Texas School of Law
727 East Dean Keeton Street
Austin, TX 78705
jsteiker@law.utexas.edu
Ph: 5122321346
Party name: Capital Punishment Center of The University of Texas School of Law

 

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