Supreme Court rules for Arizona inmate in death penalty case

Feb 21, 2023, 5:33 PM | Updated: Feb 22, 2023, 7:41 am
FILE - The setting sun illuminates the Supreme Court building on Capitol Hill in Washington, Jan. 1...

FILE - The setting sun illuminates the Supreme Court building on Capitol Hill in Washington, Jan. 10, 2023. (AP Photo/Patrick Semansky, File)

(AP Photo/Patrick Semansky, File)

WASHINGTON (AP) — The Supreme Court ruled Wednesday that a man on Arizona’s death row should be resentenced because jurors in his case were wrongly told that the only way to ensure he would never walk free was to sentence him to death.

The 5-4 decision, in an opinion by Justice Sonia Sotomayor, said John Montenegro Cruz should get a new penalty phase of his trial where it is made clear to jurors that he is ineligible for parole if he is sentenced to life in prison, instead of death.

The case is important not only for Cruz, but also for other Arizona death row inmates whose juries received similar misinformation. Arizona currently has approximately 100 people on its death row. It was not clear how many of those might be eligible for a new sentencing hearing.

Cruz had argued that the jury should have been informed he would be ineligible for parole if spared from death and given a life sentence. A judge rejected that request and the state said Cruz failed to make the precise requests he needed to under Supreme Court precedent.

At least one juror has said that had she known that a “life sentence without parole” was an alternative to death, she “would have voted for that option.”

Cruz was convicted of the 2003 murder of a Tucson police officer, Patrick Hardesty. Hardesty and another officer were investigating a hit-and-run accident that led them to Cruz, who attempted to flee and shot Hardesty five times.

A 1994 Supreme Court case, Simmons v. South Carolina, says that in certain death penalty cases, jurors must be told that choosing a life sentence means life without the possibility of parole. That’s required when prosecutors argue that the defendant will pose a threat to society in the future.

Arizona courts refused to apply the decision. In a 2016 case, Lynch v. Arizona, the Supreme Court told Arizona directly that it needed to comply with Simmons. Cruz says Arizona has continued to defy the high court.

The case is Cruz v. Arizona, 21-846.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

Google...
Associated Press

Google’s artificially intelligent ‘Bard’ set for next stage

Google announced Tuesday it's allowing more people to interact with “ Bard,” the artificially intelligent chatbot the company is building to counter Microsoft's early lead in a pivotal battleground of technology.
12 hours ago
Evelyn Knapp, a supporter of former President Donald, waves to passersby outside of Trump's Mar-a-L...
Associated Press

Trump legal woes force another moment of choosing for GOP

From the moment he rode down the Trump Tower escalator to announce his first presidential campaign, a searing question has hung over the Republican Party: Is this the moment to break from Donald Trump?
2 days ago
FILE - The Silicon Valley Bank logo is seen at an open branch in Pasadena, Calif., on March 13, 202...
Associated Press

Army of lobbyists helped water down banking regulations

It seemed like a good idea at the time: Red-state Democrats facing grim reelection prospects would join forces with Republicans to slash bank regulations — demonstrating a willingness to work with President Donald Trump while bucking many in their party.
2 days ago
FILE - This Sept. 2015, photo provided by NOAA Fisheries shows an aerial view of adult female South...
Associated Press

Researchers: Inbreeding a big problem for endangered orcas

People have taken many steps in recent decades to help the Pacific Northwest's endangered killer whales, which have long suffered from starvation, pollution and the legacy of having many of their number captured for display in marine parks.
3 days ago
FILE - Hiring signs are displayed at a grocery store in Arlington Heights, Ill., Jan. 13, 2023. Emp...
Associated Press

Pay transparency is spreading. Here’s what you need to know

U.S. employers are increasingly posting salary ranges for job openings, even in states where it’s not required by law, according to analysts with several major job search websites.
3 days ago
Meadowdale High School 9th grade students Juanangel Avila, right, and Legacy Marshall, left, work t...
David Klepper and Manuel Valdes, Associated Press

Seattle high school teacher advocates for better digital literacy in schools

Shawn Lee, a high school social studies teacher in Seattle, wants to see lessons on internet akin to a kind of 21st century driver's education, an essential for modern life.
3 days ago

Sponsored Articles

SHIBA volunteer...

Volunteer to help people understand their Medicare options!

If you’re retired or getting ready to retire and looking for new ways to stay active, becoming a SHIBA volunteer could be for you!
safety from crime...

As crime increases, our safety measures must too

It's easy to be accused of fearmongering regarding crime, but Seattle residents might have good reason to be concerned for their safety.
Comcast Ready for Business Fund...
Ilona Lohrey | President and CEO, GSBA

GSBA is closing the disparity gap with Ready for Business Fund

GSBA, Comcast, and other partners are working to address disparities in access to financial resources with the Ready for Business fund.
SHIBA WA...

Medicare open enrollment is here and SHIBA can help!

The SHIBA program – part of the Office of the Insurance Commissioner – is ready to help with your Medicare open enrollment decisions.
Lake Washington Windows...

Choosing Best Windows for Your Home

Lake Washington Windows and Doors is a local window dealer offering the exclusive Leak Armor installation.
Anacortes Christmas Tree...

Come one, come all! Food, Drink, and Coastal Christmas – Anacortes has it all!

Come celebrate Anacortes’ 11th annual Bier on the Pier! Bier on the Pier takes place on October 7th and 8th and features local ciders, food trucks and live music - not to mention the beautiful views of the Guemes Channel and backdrop of downtown Anacortes.
Supreme Court rules for Arizona inmate in death penalty case