By a vote of 6-3, the U.S. Supreme Court reinstated an Arizona prisoner's death sentence today, taking an unusual route to vacate the lower court's decision.
Last year, Arizona's Law reported on the en banc 9th Circuit's decision granting a new sentencing to convicted murderer George Kayer. The court reasoned that the defense attorney had messed up by not properly presenting possible mitigating factors.
Today, the Supreme Court granted Arizona Attorney General Mark Brnovich's Petition for a Writ of Certiorari and simultaneously vacated the 9th Circuit decision, saying that the lower court had not been deferential enough to the Arizona court's sentencing determination.
Kayer killed his friend, Delbert Haas, in the desert in order to rob him. His girlfriend turned him in to security at a Las Vegas hotel several days later.
The 13-page unsigned opinion had three dissenters, but Justices Breyer, Sotomayor and Kagan did not explain their reasons for disagreeing.
Scotus - Kayer Per Curiam 121420 by arizonaspolitics on Scribd
"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet.
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