Justice Brett Kavanaugh broke with fellow conservatives to join Justice Sonia Sotomayor's majority opinion.
"Thrilled to report that it looks like we won the Arizona death penalty case I argued at the U.S. Supreme Court in November," he said in a tweet.
Yes, it is a win. Justice Sotomayor says the Arizona Supreme Court adopted a novel view of the law to try to deny death row inmates relief. Justice Barrett dissents, joined by Justices Thomas, Alito, and Gorsuch. Justice Sotomayor's majority opinionIn 2005, John Montenegro Cruz was convicted of first-degree murder for killing a police officer and was sentenced to death in a jury trial.
During his trial, Cruz asked that the jury be told that he would be ineligible for parole if he was given a life sentence. Knowing that Cruz could never be released from prison may have made the jury less inclined to impose the death penalty. But the judge denied Cruz's request.Simmons v. South Carolina
, the Supreme Court held that defendants have a constitutional right to inform the jury that they will be ineligible for parole if they serve a life sentence instead of being executed.' holding" and said the Arizona Supreme Court repeatedly made mistakes in a series of cases regarding this issue. People wait in line outside the US Supreme Court in Washington, D.C., on February 21, 2023, to hear oral arguments in two cases that test Section 230, the law that provides tech companies a legal shield over what their users post online. Donald Trump appointees on the Supreme Court were divided on a decision in an Arizona death penalty case Wednesday., Arizona still declined to inform juries of a defendant's ineligibility for parole.
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