| 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 | |
| Date | 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 DocumentLower Court Orders/OpinionsProof 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) |
| PetitionAppendixCertificate of Word CountProof 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 DocumentCertificate of Word CountProof of Service | |
| Mar 28 2019 | Brief amici curiae of The Promise of Justice Initiative, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 28 2019 | Brief amici curiae of The Arizona Capital Representation Project and Arizona Attorneys for Criminal Justice filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 25 2019 | Brief of respondent State of Arizona in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 09 2019 | Reply of petitioner James Erin McKinney filed. |
| Main DocumentCertificate of Word CountProof 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 DocumentCertificate of Word CountProof of Service | |
| Aug 21 2019 | Joint appendix filed. |
| Main DocumentProof of Service | |
| Aug 23 2019 | Brief amicus curiae of The Roderick & Solange MacArthur Justice Center filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 28 2019 | Brief amici curiae of American Civil Liberties Union, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 28 2019 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 28 2019 | Brief amicus curiae of Capital Punishment Center of The University of Texas School of Law filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 28 2019 | Brief amici curiae of The Advocates for Human Rights and The World Coalition Against the Death Penalty filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 28 2019 | Brief amicus curiae of Lawyers’ Committee for Civil Rights Under Law filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 28 2019 | Brief amicus curiae of Arizona Capital Representation Project filed. |
| Main DocumentCertificate of Word CountProof 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 DocumentCertificate of Word CountProof of Service | |
| Oct 31 2019 | Brief amicus curiae of Arizona Voice for Crime Victims filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 01 2019 | Brief amicus curiae of Arizona Prosecuting Attorneys’ Advisory Council filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 01 2019 | Brief amici curiae of State of Utah, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 01 2019 | Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed) |
| Main DocumentCertificate of Word CountProof 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 DocumentProof 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 DocumentCertificate of Word CountProof 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. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Neal Kumar Katyal Counsel of Record | Hogan Lovells US LLP 555 Thirteenth St., N.W. Washington, DC 20004 neal.katyal@hoganlovells.com | 202 637 5600 |
| Party name: James Erin McKinney | ||
| Attorneys for Respondent | ||
| Oramel Horace Skinner Counsel of Record | Arizona Attorney General's Office 2005 N. Central Ave. Phoenix, AZ 85004 o.h.skinner@azag.gov | 6025428327 |
| Party name: State of Arizona | ||
| Other | ||
| Amir H. Ali Counsel of Record | Roderick & Solange MacArthur Justice Center 777 6th St. NW 11th Floor Washington, DC 20001 amir.ali@macarthurjustice.org | 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 | 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 | 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 | 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 | 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 | 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 | (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 | (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 | 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 | 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 | 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 | 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 | 5122321346 |
| Party name: Capital Punishment Center of The University of Texas School of Law | ||