Court to hear resentencing bid in Arizona death penalty case
Notable Attorneys
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
-
Mississippi 15-week abortion ban is blocked by appeals court
Notable Attorneys 12/13/2019A federal appeals court declared Friday that Mississippi’s ban on abortion at 15 weeks is unconstitutional, dealing a blow to those seeking to overturn the landmark Supreme Courtruling that legalized abortion nationwide.The 5th U.S. Circuit Cou...
-
Supreme Court sides with Alabama company in patent dispute
Notable Attorneys 06/10/2019The Supreme Court sided Monday with an Alabama technology company over the U.S. Postal Service in a patent dispute.The dispute before the justices had to do with U.S. Patent No. 6,826,548. That's the patent Birmingham-based Return Mail has for a syst...
-
State's high court won't reconsider baby death case appeal
Notable Attorneys 04/12/2019Ohio's Supreme Court has declined to reconsider an appeal by a former high school cheerleader charged with killing and burying her newborn baby.The court declined in February to hear Brooke Skylar Richardson's appeal after a lower court ruled doctors...
Car Accident Lawyers in New Rochelle, New York
If you have gotten in a car accident, it could seriously change your life. Whether the accident was caused by the other party’s fault or a fault of your own, you’ll want to to make sure that you are ready to prepare yourself for any cases that might follow.
Immediately following any type of car accident, it is important to take certain steps to ensure that the courts will treat you with respect and fairly. First, assess your mental and physical condition. Make sure right after the accident, you document any information regarding the accident and situation, it can be of great help later on.
You’ll want to make sure that you seek professional help for any medical conditions you may be experiencing. Do not wait to seek medical attention, you’ll want to make sure that you have documented evidence of the injury that was caused by the accident. The amount of treatment is also taken into consideration in every case.