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No New Supreme Court Cases

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The U.S. Supreme Court held its weekly conference Friday, announced a short list of cases taken up the same day, and issued the long, regular orders list today.  As is the usual pattern when a same-day list of grants is released, the Monday list is all denials.

There was no action on the Arizona capital case of Hidalgo v. Arizona, No. 17-251.  Amy Howe has this take on the case:

The justices did not act on the case of Abel Hidalgo, the Arizona death-row inmate (represented by Neal Katyal, the former acting U.S. solicitor general) who has asked the Supreme Court to weigh in on the constitutionality of the death penalty. After considering Hidalgo's cert petition at their December 1 conference, the justices asked the Arizona courts to send them the record in the case - which can be a sign either that at least one justice is looking at the case more closely or (especially in death-penalty cases) that someone is writing an opinion in the case. The most likely scenario seems to be that Justice Stephen Breyer, who in the past few years has repeatedly suggested that the Supreme Court should tackle the question now presented by Hidalgo's case, is writing an opinion regarding the denial of review, but Hidalgo and we will almost certainly have to wait until the new year for an answer.
From the Arizona Supreme Court's opinion in the case:

In late December 2000, Hidalgo agreed to kill Michael Cordova in exchange for $1,000 from a gang member. He accepted the offer without knowing Cordova or why the gang wanted him murdered. One morning in January 2001, Hidalgo waited in his car near Cordova's auto-body shop. When Cordova began unlocking the shop, Hidalgo approached and feigned interest in some repair work. They were joined by Jose Rojas, who occasionally did upholstery work for Cordova and came that morning to retrieve some equipment. After the three men entered the shop, Hidalgo shot Rojas in the back of the head. Hidalgo then shot Cordova in the forehead. Even though the shots were fatal, Hidalgo shot each victim five more times to ensure he died.

1 Comment

re: “Abel Hidalgo, the Arizona death-row inmate (represented by Neal Katyal,
the former acting U.S. solicitor general) who has asked the Supreme
Court to weigh in on the constitutionality of the death penalty.” 

======
When you have this prejudice amongst judges ..

--> “Given my view that the death penalty is categorically unconstitutional
for every person convicted of murder in this state, I see no reason
for a detailed discussion of all the other holdings by the majority
with which I disagree,”
~ Lee Johnson, Kansas Sup. Crt. Justice;

--> "Without expressing an opinion as to appellant's guilt or innocence,
however, I would hold that capital punishment violates the 8th
Amendment to the Constitution of the US ... "
"I would deny the state's motion to set an execution date"

~ Bill O'Neill, Ohio Sup. Crt. Justice;

or this prejudice of a juror ..

+ “She said her son is in prison,” Weidlich said. “She just said, ‘Well he can never hug his children [if he is executed]. The phone calls will just stop in the middle of your conversation .. and I can’t see taking a life.'
~ Jury foreman & mother of a different inmate
[whose one vote prevented a death penalty
for multiple murderer Con-ui.]

... you get injustice.

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