No. 24-371

Troy Thomas York v. Arizona

Lower Court: Arizona
Docketed: 2024-10-02
Status: Denied
Type: Paid
Response Waived
Tags: collateral-review constitutional-rights due-process fourteenth-amendment ineffective-assistance trial-counsel
Latest Conference: 2024-11-01
Question Presented (from Petition)

1. Does the Fourteenth Amendment confer the right to
effective assistance of first collateral review counsel for
claims of ineffective assistance of trial counsel, where the
State requires that ineffective assistance of trial counsel
claims be raised for the first time on collateral review; and,
if so, does the State offend the Constitution by failing to
provide a reasonable procedure by which that right may
be vindicated?

2. Did the Arizona courts deprive Troy York of a fair
trial by providing the jury with a deficient self defense
jury instruction, thereby relieving the State of its burden
to disprove York's self-defense justification beyond a
reasonable doubt?

3. Did the Arizona courts deprive Troy of a fair trial
by giving a deficient jury instruction regarding the
definition of dangerous instrument, thereby preventing
the jury from properly considering Troy's defense of
crime prevention?

4. Did the Arizona courts violate Troy's Sixth (and
Fourteenth) Amendment right to trial by jury by imposing
a sentence for a dangerous offense without a jury finding
of dangerousness, given that neither "the discharge, use
or threatening exhibition of a deadly weapon or dangerous
instrument" nor "the intentional or knowing infliction of
serious physical injury" were elements of the offense for
which he was convicted?

Question Presented (AI Summary)

Does the Fourteenth Amendment confer the right to effective assistance of first collateral review counsel for ineffective assistance of trial counsel claims, and does the State offend the Constitution by failing to provide a reasonable procedure to vindicate that right?

Docket Entries

2024-11-04
Petition DENIED.
2024-10-09
DISTRIBUTED for Conference of 11/1/2024.
2024-10-09
Waiver of right of respondent Rachel Mitchell, Maricopa County Attorney to respond filed.
2024-10-04
Waiver of Arizona, et al. of right to respond submitted.
2024-10-04
Waiver of right of respondent Arizona to respond filed.
2024-09-30
Petition for a writ of certiorari filed. (Response due November 1, 2024)
2024-07-18
Application (24A56) granted by Justice Kagan extending the time to file until September 29, 2024.
2024-07-12
Application (24A56) to extend the time to file a petition for a writ of certiorari from July 31, 2024 to September 29, 2024, submitted to Justice Kagan.

Attorneys

Arizona, et al.
Jason Dale LewisArizona Attorney General's Office, Respondent
Rachel Mitchell, Maricopa County Attorney
Douglas GerlachOffice of the Maricopa County Attorney, Respondent
Troy York
Angela Charlene PoliquinGrand Canyon Law Group, Petitioner