Cruz v. Arizona
Issues
Does Arizona’s requirement of a “significant change in law” before filing a petition for postconviction relief prevent the United States Supreme Court from reviewing the Arizona Supreme Court’s interpretation of federal law?
This case asks the Supreme Court to consider whether an Arizona Rule of Criminal Procedure, which only allows postconviction relief if there has been a significant change in law to make it an adequate and independent state-law ground for the judgment, prevents federal review. Petitioner John Montenegro Cruz claims that the rule cannot apply because it conflicts with the Supreme Court’s precedent requiring the application of settled rules of constitutional law on postconviction review. Cruz also asserts that the rule requires consideration of federal law, and thus that the Supreme Court may review determinations made under it for consistency with federal law. Respondent, the state of Arizona, argues that its Rule prevents federal review because it is premised on a matter of state law, rather than federal law. Arizona asserts that its rule only regulates when a claim may be brought, not the rule to be applied when evaluating the claim.
Questions as Framed for the Court by the Parties
Whether the Arizona Supreme Court’s holding that Arizona Rule of Criminal Procedure 32.1 (g) precluded post-conviction relief is an adequate and independent state-law ground for the judgment.
In 2005, John Montenegro Cruz was convicted of first degree murder for killing a police officer and was sentenced to death in a jury trial. State v. Cruz at 992.
The authors would like to thank Professors John Blume and Keir Weyble for their guidance and insights into this case.
Additional Resources
- Supreme Court to Consider Whether Arizona Can Deny Death-Row Prisoner Review of Claim that Jury Was Misled About His Parole Eligibility, Death Penalty Information Center (Apr. 1, 2022).
- Howard Fischer, High Court Upholds Cop Killer’s Conviction, Tuscon.com (Apr. 22, 2008).
- Reagan Priest, Supreme Court to Hear Appeal of Death-Row Inmate in Death of Tucson Cop, Cronkite News (Mar. 28, 2022).