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Cruz v. Arizona

AACJ collaborated with the Arizona Capital Representation Project on an amicus brief authored by Professor Elizabeth Bentley in Minnesota. The issue in this case is whether the Arizona Supreme Court purposefully ignored binding SCOTUS law on the right of a defendant to inform a capital jury that the defendant is ineligible for parole – a fact which is proven to influence juries when deciding whether to impose the death penalty. Once SCOTUS decided Lynch v. Arizona in 2016, however, it became obvious that Arizona had been disregarding the law. The Arizona Supreme Court responded by continuing to deny post-conviction relief to defendants, now claiming that Lynch did not change the law but merely how the law was applied. In oral argument yesterday, several SCOTUS justices called this sophistry what it was: Justice Barrett called it “hair-splitting,” and Justice Kagan said “I think Kafka would have loved this.”

Most fulfilling was hearing Justice Sotomayor specifically cite our brief in the argument! Her question begins at 35:35 of the recording. You can hear the recording at:

Cruz v. Arizona Oral Argument
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Arizona Attorneys for Criminal Justice

A statewide not-for-profit membership organization of criminal defense lawyers, law students and associated professionals dedicated to protecting the rights of the accused in the courts and in the legislature, promoting excellence in the practice of criminal law through education, training and mutual assistance, and fostering public awareness of citizens’ rights, the criminal justice system and the role of the defense lawyer.

2024 AACJ Officers
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Grant Wilie
Ralls & Wilie, P.C.
Angela C. Poliquin
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Angela Poliquin
Grand Canyon Law Group
Joel Chorny
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Joel Chorny
The Law Office of Joel Chorny
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David Euchner
Pima County
Criminal Defense Attorney Rhonda Neff
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Rhonda Neff
Law Offices of Rhonda Neff
Marc Sandin
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Marc Sandin
Marc Sandin Creative
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