Entries tagged with “John Montenegro Cruz

Facts & Research

United States Supreme Court

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Nov 02, 2022

Supreme Court Hears Argument in Death Penalty Case that Could Provide States a Roadmap for Defying … Criminal Law Decisions”

In 1994, the United States Supreme Court held in Simmons v. South Carolina that when the pros­e­cu­tion makes future dan­ger­ous­ness an issue in a cap­i­tal case, a defen­dant has a due process right to inform jurors that he will not be parole eli­gi­ble if he is not sen­tenced to death. For more than a decade, Arizona courts refused to apply that prece­dent. Then, in 2016, the U.S. Supreme Court sum­mar­i­ly struck down that prac­tice in Lynch v. Arizona, hold­ing that the state had failed to imple­ment clear­ly estab­lished case law.…

Facts & Research

United States Supreme Court

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Apr 01, 2022

Supreme Court to Consider Whether Arizona Can Deny Death-Row Prisoner Review of Claim that Jury Was Misled About His Parole Eligibility

The U.S. Supreme Court has agreed to review the case of an Arizona death-row pris­on­er whose sen­tence was upheld by the state’s appel­late courts even though his tri­al judge uncon­sti­tu­tion­al­ly refused to inform the jury that he would be inel­i­gi­ble for parole if sen­tenced to life in prison. In an order issued March 28, 2021, the Court grant­ed John Montenegro Cruzs peti­tion to hear his case, but lim­it­ed its review to the ques­tion of whether the pro­ce­dur­al rule applied by the Arizona courts to refuse to con­sid­er Cruz’s claim is…