NACDL - McKinney v. Arizona

McKinney v. Arizona

Brief of Amicus Curiae of the National Association of Criminal Defense Lawyers in Support of Petitioner.

McKinney v. Arizona

Brief Details

Case No.: 18-1109
Brief Filed: August 28, 2019
Jurisdiction: United States Supreme Court

Key Topics in the Brief

Sentencing | Juries | Constitutional Law | Direct Appeal | Death Penalty Eligibility | Aggravating Circumstances | Mitigating Evidence | Causal Nexus Requirement

Briefs

McKinney-v-Arizona-Brief.pdf

Prior Decision

245 Ariz. 225 (Ariz. Sept. 27, 2018)

Argument(s)

The Court should find Arizona’s independent review as conducted in this case falls under the direct appeal process, and therefore not a final judgement, thus requiring that Petitioner be guaranteed jury resentencing that gives full consideration to any presented mitigation evidence.