|
2 CA-SA 2012-0070 ROOSEVELT ARTHUR WILLIAMS v. STATE OF ARIZONA
Department: A County: Pima Cause Numbers: CR20103630001 Peter J. Cahill At Issue Date: 01/02/2013 At Issue Number: 2012-01315 |
|---|
| Party/Attorney Information | |
|---|---|
| Party Information | Attorney Information |
|
ROOSEVELT ARTHUR WILLIAMS Petitioner |
Dawn Priestman Assistant Pima County Public Defender Appointed Sean H. Bruner PIMA COUNTY PUBLIC DEFENDER'S OFFICE Appointed |
|
THE STATE OF ARIZONA Real Parties in Interest |
Mark Diebolt DEPUTY PIMA COUNTY ATTORNEY Appointed Jacob R. Lines DEPUTY PIMA COUNTY ATTORNEY Appointed Rick A. Unklesbay DEPUTY COUNTY ATTORNEY Appointed Professor Gin Writing Class Pro Se |
| Filings, Dues and Continuances | |||||
|---|---|---|---|---|---|
| Document Type | Due Date | Document Title | Filing Date | Attorney/Firm | Type |
| Motion to Stay | Motion for Stay of Proceedings | 10/19/2012 | Bruner, Sean H. | Filing | |
| Petition for Special Action | Petition for Special Action | 10/22/2012 | Bruner, Sean H. | Filing | |
| Appendix to Special Action | Appendix to Petition for Special Action | 10/22/2012 | Bruner, Sean H. | Filing | |
| Supplement to Special Action | Supplement to Appendix to Petition for Special Action | 10/25/2012 | Bruner, Sean H. | Filing | |
| Reply to Special Action | Reply to Response to Petition For Special Action | 11/07/2012 | Bruner, Sean H. | Filing | |
| Response to Special Action | Response to Special Action | 11/01/2012 | Lines, Jacob R. | Filing | |
| OA Acknowledgment | Notice of Acknowledgment of Oral Argument Order | 01/15/2013 | Bruner, Sean H. | Filing | |
| OA Acknowledgment | OA Acknowledgment | 01/22/2013 | Lines, Jacob R. | Filing | |
| Supplemental Brief | Petitioners Supplemental Brief | 01/25/2013 | Bruner, Sean H. | Filing | |
| Certificate of Compliance | Petitioners Certificate of Compliance | 01/25/2013 | Bruner, Sean H. | Filing | |
| Supplemental Brief | Supplemental Brief | 01/25/2013 | Lines, Jacob R. | Filing | |
| Notice of Supplemental Authority | Notice of Supplemental Authority | 01/31/2013 | Bruner, Sean H. | Filing | |
| Supplemental Brief | Supplemental Brief | 03/01/2013 | Lines, Jacob R. | Filing | |
| Supplemental Brief | Supplemental Brief | 03/01/2013 | Priestman, Dawn | Filing | |
| Motion | Motion for Leave to File Amicus Brief | 03/01/2013 | Armstrong, Amy | Filing | |
| Response to Special Action | 11/01/2012 | Response to Special Action | Unklesbay, Rick A. | Due | |
| Reply to Special Action | 11/07/2012 | Reply to Special Action | Bruner, Sean H. | Due | |
| Supplemental Brief | 01/25/2013 | Supplemental Brief | Bruner, Sean H. | Due | |
| Supplemental Brief | 01/25/2013 | Supplemental Brief | Unklesbay, Rick A. | Due | |
| Petition for Review to Supreme Court | 06/17/2013 | Petition for Review to Supreme Court | Due | ||
| Motion for Reconsideration | 06/03/2013 | Motion for Reconsideration | Due | ||
| Calendar and Decision Information | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| OA Request Due | OA Request By | OA Request Result | OA Filed | OA Date | OA Time | OA Type | Decision Type | Decision Date | Result Type |
| 02/06/2013 | 2:00 p.m. | Opinion | 05/17/2013 | JURISDICTION ACCEPTED; RELIEF DENIED | |||||
| Mandate | |
|---|---|
| Mandate Date | Mandate Vacated Date |
| MR/PR Outcome | |||
|---|---|---|---|
| MR Outcome | MR Outcome Date | PR Outcome | PR Outcome Date |
| Ticklers | ||
|---|---|---|
| Tickler Date | Due Date | Description |
| No ticklers available for this case. | ||
| Proceedings | ||
|---|---|---|
| Type | Date | Proceeding |
| Receipts | 10/19/2012 | Petitioner/ROOSEVELT ARTHUR WILLIAMS; Filing Fee Not Required (represented by appointed counsel); Rec'd from Sean H. Bruner |
| Receipts | 10/19/2012 | Real Party in Interest/STATE OF ARIZONA; Filing Fee Not Required (governmental agency); Rec'd from Rick A. Unklesbay, Deputy Pima County Attorney |
| All Other | 10/19/2012 | Filed: Motion for Stay of Proceedings. (Filed by Sean H. Bruner) (e-filer) |
| All Other | 10/22/2012 | Filed: Petition for Special Action. (Filed by Sean H. Bruner) (e-filer) |
| All Other | 10/22/2012 | Filed: Appendix to Petition for Special Action. (Filed by Sean H. Bruner) (e-filer) |
| All Other | 10/23/2012 | The court having reviewed the Petition for Special Action and Request for Stay, and Presiding Judge Peter J. Eckerstrom having conducted a telephonic stay conference on October 22, 2012, with Rick Unklesbay and Jacob Lines in attendance for the State of Arizona, and Sean Bruner and David Euchner for the Petitioner, and there being no objection, ORDERED: Petitioner's Request for Stay is GRANTED. FURTHER ORDERED: Request for Oral argument is taken under advisement. FURTHER ORDERED: The Response to the Petition shall be filed and served not later than November 01, 2012. FURTHER ORDERED: Petitioner(s) may file a Reply to the Response not later than November 07, 2012. FURTHER ORDERED: Proof of service of a filing shall be promptly filed in this Court and shall indicate SPECIFICALLY the method and date of service. |
| All Other | 10/25/2012 | Filed: Supplement to Appendix to Petition for Special Action. (Filed by Sean H. Bruner) (e-filer) |
| All Other | 11/01/2012 | Filed: Response to Special Action. (Filed by Jacob R. Lines) (e-filer) |
| All Other | 11/07/2012 | Filed: Reply to Response to Petition For Special Action. (Filed by Sean H. Bruner) (e-filer) |
| All Other | 01/11/2013 | Pursuant to Request for Oral Argument, ORDERED: The parties are to file simultaneous briefs of no more than ten pages in length, on or before January 25, 2013, addressing the following: What, if any, effect does the supreme court’s recent decision in State v. Grell, No. CR-09-0199-AP, 2013 WL 85349 (filed Jan. 09, 2013), (Grell III), have on our evaluation of the issues raised in this special action? FURTHER ORDERED: Setting the Petition for Special Action for oral argument before the Court of Appeals, Division Two, in its Courtroom, Third Floor, State Office Complex, 400 West Congress Street, Tucson, Arizona, on February 06, 2013, at 2:00 p.m. Each side may have fifteen minutes to be heard. Counsel are DIRECTED to return a copy of this Order, with their signature thereon, to the Clerk of the Court, to acknowledge receipt of same. ORAL ARGUMENTS ARE NOW DIGITALLY RECORDED AND WILL BE AVAILABLE ONLINE THE DAY AFTER ARGUMENT ON THE WEBSITE http://www.appeals2.az.gov |
| All Other | 01/15/2013 | Filed: Notice of Acknowledgment of Oral Argument Order. (Filed by Sean H.Bruner) |
| All Other | 01/22/2013 | Filed: OA Acknowledgment. (Filed by Jacob R. Lines) (e-filer) |
| All Other | 01/25/2013 | Filed: Petitioners Supplemental Brief. (Filed by Sean H. Bruner) (e-filer) |
| All Other | 01/25/2013 | Filed: Petitioners Certificate of Compliance. (Filed by Sean H. Bruner) (e-filer) |
| All Other | 01/25/2013 | Filed: Supplemental Brief. (Filed by Jacob R. Lines) (e-filer) |
| All Other | 01/31/2013 | Filed: Notice of Supplemental Authority. (Filed by Sean H. Bruner) (e-filer) |
| All Other | 02/06/2013 | SIGN-IN SHEET |
| All Other | 02/12/2013 | On motion of the court, ORDERED: The parties are to file simultaneous briefs of no more than 15 pages in length, on or before March 1, 2013, addressing the following: Whether Arizona’s statutory definition for “intellectual disability,” A.R.S. Sec. 13-753K(3), complies with the Eighth Amendment to the United States Constitution to the extent the statutory definition for determining “significant impairment in adaptive behavior” deviates from the accepted clinical definitions set forth in Atkins v. Virginia, 536 U.S. 304, 308 n.3, 122 S.Ct. 2242, 2245 n.3 (2002)? Has the Arizona Supreme Court already resolved that issue? See State v. Grell, 212 Ariz. 516, 529, ¶62 (2006) (acknowledging difference between the two and evaluating trial court’s fact-finding under statutory definition rather than DSM IV); State V. Grell, 205 Ariz. 57, 64, n.4 (2005) (noting, in the absence of any specific challenge, that Arizona’s pre-Atkins statutory scheme “appears to comport substantively and procedurally with the principles set forth in Atkins.”) |
| All Other | 03/01/2013 | Filed: Supplemental Brief. (Filed by Jacob R. Lines) (e-filer) |
| All Other | 03/01/2013 | Filed: Supplemental Brief. (Filed by Dawn Priestman) (e-filer) |
| All Other | 03/01/2013 | Filed: Motion for Leave to File Amicus Brief. (Filed by Amy Armstrong) (e-filer) |
| All Other | 03/05/2013 | Pursuant to Motion for Leave to File Amicus Brief, ORDERED: It appearing that the special action in this matter was originally filed on October 22, 2012, and it appearing that the real party in interest has not consented to the filing of an amicus brief, the Motion for Leave to File Amicus Brief is denied as untimely. See Ariz. R. Crim. P. 31.23(5)(amicus briefs “shall be filed as expeditiously as possible after special action is filed”). |
| All Other | 05/17/2013 | OPINION - JURISDICTION ACCEPTED; RELIEF DENIED - Howard with Brammer concurring and Eckerstrom dissenting. (57) |
| All Other | 05/17/2013 | ORDERED: The stay entered by this court's order dated October 23, 2012 is hereby VACATED. |