FINALLY: After Multiple Reversals, U.S. Supreme Court Majority Gives A Thumbs-Up To Arizona Supreme Court Justices On A Murder Case Sentencing

On the last day of their session, a 6-3 majority of the U.S. Supreme Court declined to hear (or reverse) a 2023 Arizona Supreme Court Opinion upholding a life without parole sentence for a juvenile murderer.

Petitions for Review from convicted murderers are routinely rejected by the (U.S.) Supreme Court. But, what makes this noteworthy is that the U.S. Supreme Court has made a mini-practice of reversing Arizona death penalty sentences due to former laws.

The three liberal justices "respectfully" dissented and thought the highest court should accept Lonnie Bassett's appeal. Bassett killed two friends 20 years ago, when he was 16. At the time, he was sentenced to life without parole. Between 1994 and 2014, Arizona had prohibited the option of parole for 1st degree murders.

In 2012, the U.S. Supreme Court found that "mandatory life-without-parole sentences for juveniles violate the Eighth Amendment." (Arizona was one of 28 states that had to change its laws due to that decision.)

Last year, the Arizona Supreme Court reviewed Bassett's sentence and found that "Bassett’s natural life sentence was not mandatory within the meaning of Miller, and he was not entitled to an evidentiary hearing." (Miller was the U.S. Supreme Court's 2012 Opinion forbidding mandatory life without parole sentences for juveniles.)

Justice Sotomayor (writing for the dissenters) stated that the three arguments urged by Attorney General Kris Mayes' office "each run(s) contrary to Miller's clear command." 

In February 2023, the U.S. Supreme Court scolded Arizona and overturned John Montenegro's death sentence for killing a Tucson police officer. Writing for the 5-4 majority, Justice Sotomayor stated bluntly that Arizona's Justices had repeated mistakes they had previously been rebuked about by the U.S. Supreme Court.

Former Acting U.S. Solicitor General Neal Katyal represented the petitioners in both last year's and this year's cases.

"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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