Court to hear resentencing bid in Arizona death penalty case
U.S. Court Watch
The U.S. Supreme Court will hear an appeal Wednesday by an Arizona death row inmate who is seeking a new sentencing trial, arguing the horrific physical abuse that he suffered as a child wasn't fully considered when he was first sentenced.
The appeal of James Erin McKinney could affect as many as 15 of Arizona's 104 death row inmates. Attorneys say the Arizona courts used an unconstitutional test in examining the mitigating factors considered during the sentencing trials of the inmates.
The Supreme Court has ruled both that juries, not judges, must impose death sentences, and that mitigating factors, including childhood deprivations, must be factored into sentencing decisions.
McKinney's attorneys say the Arizona Supreme Court erred last year in upholding his sentences after a federal appellate decision concluded that the state court used an unconstitutional test in examining the mitigating factors considered during his sentencing.
Prosecutors said McKinney shouldn't get a sentencing retrial, arguing his case was considered officially closed years before the 2002 Supreme Court decision that required death penalty decisions to be made by jurors, not judges.
Attorneys say the decision in McKinney's case could affect other Arizona death row inmates who could challenge the test used in evaluating the mitigating factors considered during sentencing. But it's unclear whether the ruling would affect death penalty cases from other states.
Jordon Steiker, a law professor at the University of Texas who filed a friend-of-the-court brief supporting McKinney's position, said he doesn't think the McKinney decision will have much of an effect on cases outside of Arizona.
Related listings
-
California court invalidates law requiring Trump tax returns
U.S. Court Watch 11/18/2019President Donald Trump does not have to disclose his tax returns to appear as a candidate on California’s primary ballot next spring, the state Supreme Court ruled unanimously Thursday.The law, the first of its kind in the nation and aimed squa...
-
Court’s Conservatives Seem to Back Trump on Immigration
U.S. Court Watch 11/13/2019The Supreme Court’s conservative majority seems prepared to allow the Trump administration to end a program that allows some immigrants to work legally in the United States and protects them from deportation.There did not appear to be any suppo...
-
Gunmaker asks US Supreme Court to hear Sandy Hook appeal
U.S. Court Watch 08/05/2019The maker of the rifle used in the Sandy Hook Elementary School shooting asked the U.S. Supreme Court to hear its appeal Thursday of a state ruling against the company.Remington Arms, based in Madison, North Carolina, cited a much-debated 2005 federa...
Nicholas C. Minshew - Minshew & Ahluwalia LLP
Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.