No. 18-6234

Scott Doyle Barrett v. Arizona

Lower Court: Arizona
Docketed: 2018-10-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment burden-of-proof child-molestation constitutional-rights criminal-procedure due-process sexual-motivation
Latest Conference: 2018-12-07
Question Presented (from Petition)

Does Arizona's statutory scheme, which excludes sexual motivation as an element of child molestation, unconstitutionally shift the burden of proof on the essential element of sexual motivation to the accused in contravention of an accused's guaranteed Due Process rights under the 14 Amendment to the United States Constitution?

Question Presented (AI Summary)

Does Arizona's statutory scheme, which excludes sexual motivation as an element of child molestation, unconstitutionally shift the burden of proof on the essential element of sexual motivation to the accused in contravention of an accused's guaranteed Due Process rights under the 14th Amendment to the United States Constitution?

Docket Entries

2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-02
Waiver of right of respondent Arizona to respond filed.
2018-10-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 5, 2018)

Attorneys

Arizona
Eliza YbarraOffice of the Arizona Attorney General, Respondent
Scott Doyle Barrett
Brad BranskyCoconino County Public Defender, Petitioner