Skip to main content

US Supreme Court reinstates death penalty for Arizona man

By a vote of 6-3 along ideological lines, the justices ruled that a federal appeals court was wrong when it ordered post-conviction relief for Danny Lee Jones, who contended that his Sixth Amendment right to have adequate representation by his lawyer was violated during the sentencing phase of his trial.

Jones was convicted and sentenced to die in 1993 for the brutal murders of three people: Robert Weaver, Weaver’s seven-year-old daughter Tisha, and Katherine Gumina, Weaver’s grandmother. Jones beat each of his victims with a baseball bat.

After his appeals and his requests for post-conviction relief in state court were denied, Jones went to federal court in Arizona, where he argued that his attorney – who had never been the lead attorney in a capital case – spent too little time preparing for the sentencing phase of his trial. At an evidentiary hearing, Jones introduced evidence that he suffered from mental illness and cognitive impairments caused by a history of head trauma; he had also been a victim of abuse as a child and had a history of substance abuse.

A federal district court in Arizona rejected Jones’ request for post-conviction relief, explaining that the new evidence that he had provided in his federal post-conviction proceedings didn’t add much to the picture before the state trial judge who had originally sentenced him to death.

The U.S. Court of Appeals for the 9th Circuit reversed that decision. Applying the Supreme Court’s 1984 decision in Strickland v. Washington, which sets out the test to determine whether a lawyer’s performance was so inadequate that it violated the Constitution, the court of appeals concluded that there was a “reasonable probability” that, if the new evidence from Jones’ federal post-conviction proceedings had been presented at his original sentencing, Jones would not have been sentenced to death.

In a 16-page decision by Justice Samuel Alito, the Supreme Court reversed the 9th Circuit’s ruling and reinstated Jones’ death sentence. Like the district court, Alito concluded that “[m]ost of the mitigating evidence” – that is, evidence that might weigh in favor of sparing Jones’ life – “was not new, and what was new would not carry much weight in Arizona courts.” By contrast, Alito continued, “the aggravating factors” – that is, evidence that might weigh in favor of the death penalty – “present here are extremely weighty.” For example, Alito observed, this case involves not just one homicide but three, as well as cruelty and the death of a child, and it was motivated by a desire to steal Weaver’s gun collection.

Although the court of appeals was required to compare the mitigating and aggravating factors, Alito explained, instead it “downplayed the serious aggravating factors present here and overstated the strength of mitigating evidence that differed very little from the evidence presented at sentencing.” If the court of appeals had conducted its analysis properly, Alito concluded, it “would have had no choice but to affirm the decision of the District Court denying habeas relief.”

Justice Sonia Sotomayor dissented, in a brief opinion joined by Justice Elena Kagan. She agreed with Alito that the court of appeals was wrong when it “all but ignored” the aggravating circumstances in Jones’ case. But the 9th Circuit, rather than the Supreme Court, should be responsible for taking the next step of reweighing the aggravating and mitigating circumstances, Sotomayor contended. This is particularly true, she noted, when this case involves a “complex record containing contested medical diagnoses and disputed allegations of abuse and trauma.”

Unlike her eight colleagues, Justice Ketanji Brown Jackson believed that the court of appeals got its analysis correct the first time. The court of appeals, she argued, “not only evaluated the mitigating evidence that Jones’s trial counsel failed to unearth, it also specifically considered all of the aggravating factors.” The court’s discussion of that analysis may have been brief, she acknowledged, but “there is no benchmark length for any such discussion.”

This article was originally published at Howe on the Court. 

Source: scotusblog.com, Staff, May 30, 2024

_____________________________________________________________________








"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde



Most viewed (Last 7 days)

Oklahoma executes James Pavatt

Pavatt claimed innocence in the slaying of an Oklahoma City advertising executive for insurance money. His co-defendant and former lover Brenda Andrew is also on death row. James Pavatt made no final statement before being executed Thursday for killing his lover’s estranged husband nearly 25 years ago. Pavatt merely shook his head when asked by Oklahoma Department of Corrections Chief of Operations Jason Sparks if he had any last words. Pavatt appeared to share a quick word with Michael Scott, his spiritual advisor, after microphones inside the death chamber had been cut off.

Oklahoma Death Row inmate James Pavatt scheduled to be executed Thursday

James Pavatt is scheduled to be executed on Thursday for the 2001 killing of an Oklahoma City man. OKLAHOMA CITY—Oklahoma Death Row inmate James Pavatt is set to be executed for the 2001 murder of advertising executive Rob Andrew. His execution is scheduled for Nov. 12, 2026. In 2004, Pavatt and his lover/co-conspirator, Brenda Andrew, were sentenced to death for planning the killing of her estranged husband in an attempt to claim his $800,000 life insurance policy. Brenda is the only woman on Oklahoma’s death row.

Judge allows Tennessee death row inmates to include botched executions in lawsuit

NASHVILLE, Tenn. (WKRN) — Two failed executions in Tennessee are now at the center of a growing legal battle over the state’s lethal injection protocol after a judge ruled in favor of death row inmates Friday. A Davidson County judge ruled death row inmates can expand their lawsuit to include new allegations stemming from the botched executions of Tony Carruthers and Christa Pike. The original lawsuit, filed in March 2025, argues Tennessee’s death penalty protocol violates the constitutional rights of death row inmates with complex medical conditions. More than one year later, the state then failed to execute two inmates: Tony Carruthers and Christa Pike.

Two men set to be executed in Texas and Oklahoma today

The U.S. was preparing to carry out two executions on Thursday, one in Oklahoma and one in Texas. In Texas, the condemned man is John Allen Rubio, 46, who is set to be put to death at the state prison in Huntsville. He was convicted of beheading three young children he was raising in a 2003 killing that rattled a community along the U.S.-Mexico border. The other man facing execution is James Pavatt, 73, who is set to die by lethal injection at Oklahoma's state penitentiary in McAlester.

Texas executes John Rubio

Texas man who killed 3 children is put to death, hours after an Oklahoma execution James Pavatt was put to death in Oklahoma for Rob Andrew’s killing. In Texas, John Allen Rubio was executed for the deaths of Julissa Quesada, John E. Rubio, and Mary Jane Rubio.  A Texas man convicted of fatally stabbing and beheading 3 young children in a squalid, windowless apartment in 2003 was executed Thursday evening, hours after Oklahoma put another man to death. 

Why Many Americans Think Christa Pike Should Undergo a Second Execution Attempt

On October 20, Reuters released the results of a survey showing that 33% of the American public want Tennessee to try again to put Christa Pike to death. Another 26% are undecided. That means 59% of the public would support or be open to such a possibility. I want to suggest a reason why. Second execution attempts are rare in this country and, as a result, the public knows little if anything about them. That may help explain why so many would give Tennessee another chance to kill Christa Pike.

Iran executes three more January protesters accused of spying for Israel, US

In a statement, the judiciary said that “the death sentences of Hassan Deoband, Hamid Kazemi, and Reza Zangana were carried out on charges of ‘participating in operational action for the infamous Zionist regime and the United States and hostile groups.’” ERBIL, Kurdistan Region of Iraq – Iran on Sunday executed three more protesters over their involvement in the nationwide demonstrations in January, the judiciary announced, accusing them of spying for the United States and Israel and destroying infrastructure. 

Alabama executes Michael Shannon Taylor

Alabama executes man convicted of 1991 double murder  The state of Alabama carried out the execution of 54-year-old Michael Shannon Taylor Thursday night for the 1991 murders of an elderly Etowah County couple, 35 years and 1 day after the crime.  Taylor, convicted in 1993 on 3 counts of capital murder, was sentenced to death unanimously by a jury for killing 83-year-old Ivan Ernest Moore and 79-year-old Lucille Moore inside their Gadsden home during a robbery. Taylor was 19 at the time. 

Iran | 10 executed in Ahvaz, Isfahan, Karaj

Four prisoners, including an Afghan national, were executed at Ghezel Hesar Prison in Karaj on Wednesday, November 4, 2026. All four had been sentenced to death under Iran’s qisas (retributive justice) laws on murder charges. According to information obtained by the Hengaw Organization for Human Rights, one of the executed prisoners was identified as Gol Agha Eskandari, an Afghan national. Eskandari had been convicted of murder following a dispute between neighbors in the Khorasan Square area of Tehran in July 2024 and subsequently sentenced to death.

Florida executes Jesse Guardado

Man convicted of 2004 killing is put to death in Florida’s 19th execution this year, tying a record Florida carried out a record-tying 19th execution of the year in an unusual instance of 3 states administering the death penalty on the same day. Jesse Guardado was pronounced dead at 6:13 p.m. following a 3-drug injection at a state prison in Starke. He had pleaded guilty to fatally stabbing 75-year-old Jackie Malone inside her Walton County home in 2004 before stealing her jewelry box, $80, and other valuables to buy drugs. The woman had helped him get a job and housing.