This morning, the U.S. Supreme Court released this orders list from last Friday’s conference. The Court took up the case of Cruz v. Arizona, No. 21-846. The case involves the familiar scenario of a murderer who could have made a particular objection at trial or on direct appeal but did not. When he tries to raise the objection in a collateral attack on the judgment, the state court tells him it is too late. As usual, the issue in this case has nothing whatever to do with whether the defendant committed the crime. It only relates to whether he should receive the punishment his crime deserves or whether justice should be tempered with mercy to let him off with less than he deserves.
From the state’s brief in opposition:
On the day he was killed, Officer Patrick Hardesty was questioning [John] Cruz as part of a hit-and-run investigation. App. 2a. During the questioning, Cruz ran from Officer Hardesty and Officer Hardesty gave chase on foot. Id. at 202–03, ¶¶ 2–4. At some point during the chase, Cruz shot the officer five times, emptying the five-shot revolver he was carrying. Two shots struck Officer Hardesty’s protective vest, two others struck him in the abdomen below the vest, and one entered his left eye, killing him almost instantly. Id. at 203, ¶¶ 5–7. Four of the shots were fired from no more than a foot away. Id. at 203, ¶ 6.
Cruz claims that the jury should have been told he would not be eligible for parole if they gave him life in prison. The Supreme Court precedent on that point was decided nine years before the crime. Cruz’s trial attorney did not request such an instruction, even though the trial judge offered one while denying a related motion, and his appellate attorney did not make that objection on direct appeal.
This is familiar turf for CJLF. We played a role in developing the rules that generally prohibit this kind of “heads I win, tails we take it over” gamesmanship. Continue reading . . .