No. 22-6027

Cedric Joseph Rue, Jr. v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry

Lower Court: Ninth Circuit
Docketed: 2022-11-08
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: criminal-procedure eighth-amendment eighth-amendment-interpretation juvenile-offender juvenile-sentencing life-without-parole mandatory-sentencing parole-abolition sentencing-discretion
Key Terms:
HabeasCorpus Punishment
Latest Conference: 2023-04-14 (distributed 2 times)
Question Presented (from Petition)

When a state abolishes its parole system, does it create a mandatory life-without-parole sentence that, when imposed on a juvenile homicide offender, violates the Eighth Amendment as interpreted in Miller?

Question Presented (AI Summary)

Whether the abolition of parole in Arizona creates a mandatory life-without-parole sentence that violates the Eighth Amendment when imposed on a juvenile homicide offender

Docket Entries

2023-04-17
Petition DENIED.
2023-03-23
DISTRIBUTED for Conference of 4/14/2023.
2023-03-20
Reply of petitioner Cedric Joseph Rue, Jr. filed.
Main DocumentProof of ServiceMain DocumentProof of Service
2023-03-07
Brief of respondents Ryan Thornell, Director of the Arizona Department of Corrections, et al. in opposition filed.
Main DocumentProof of ServiceCertificate of Word CountMain DocumentProof of ServiceCertificate of Word Count
2023-02-07
Motion to extend the time to file a response is granted and the time is further extended to and including March 7, 2023.
2023-02-06
Motion to extend the time to file a response from February 21, 2023 to March 7, 2023, submitted to The Clerk.
Main DocumentMain Document
2022-12-08
Motion to extend the time to file a response is granted and the time is extended to and including February 21, 2023. See Rule 30.1.
2022-12-07
Motion to extend the time to file a response from December 21, 2022 to February 20, 2023, submitted to The Clerk.
Main DocumentMain Document
2022-11-21
Response Requested. (Due December 21, 2022)
2022-11-16
DISTRIBUTED for Conference of 12/2/2022.
2022-11-14
Waiver of right of respondent David Shinn, Director of the Arizona Department of Corrections, et al. to respond filed.
Main DocumentMain Document
2022-11-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 8, 2022)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of ServiceMotion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Cedric Joseph Rue, Jr.
Robert Mark Loeb — Orrick, Herrington & Sutcliffe LLP, Petitioner
Keith James Hilzendeger Jr. — Federal Public Defender, District of Arizona, Petitioner
Ryan Thornell, Director of the Arizona Department of Corrections, et al.
Andrew Stuart Reilly — Office of the Attorney General, Respondent