STATE v. SOTO-FONG

Nos. CR-18-0595-PR, CR-18-0489-PR, CR-19-0379-PR (Consolidated).

474 P.3d 34 (2020)

STATE of Arizona, Respondent, v. Martin Raul SOTO-FONG, Petitioner. State of Arizona, Respondent, v. Wade Nolan Clay, Petitioner. State of Arizona, Respondent, v. Mark Noriki Kasic Jr., Petitioner.

Supreme Court of Arizona.

Filed October 9, 2020.


Attorney(s) appearing for the Case

Barbara LaWall , Pima County Attorney, Jacob R. Lines (argued), Deputy County Attorney, Tucson, Attorneys for State of Arizona.

Amy Armstrong , Sam Kooistra (argued), Arizona Capital Representation Project, Tucson, Attorneys for Martin Raul Soto-Fong and Mark Noriki Kasic, Jr.

Matthew J. Smith , Mohave County Attorney, Reed Weisberg (argued), Deputy County Attorney, Kingman, Attorneys for State of Arizona.

Randy McDonald (argued), Perkins Coie LLP, Phoenix; C. Kenneth Ray, II , C. Kenneth Ray PLLC, Prescott; and Katherine Puzauskas , Robert Dormady , Sandra Day O'Connor College of Law Post-Conviction Clinic, Phoenix, Attorneys for Wade Nolan Clay.

Amy P. Knight , Knight Law Firm, LLC, Tucson, Attorney for Amicus Curiae Arizona Attorneys for Criminal Justice.

Mark Brnovich , Arizona Attorney General, Michael T. O'Toole , Chief Counsel, Criminal Appeals Section, Andrew Stuart Reilly , Assistant Attorney General, Phoenix, Attorneys for Amicus Curiae Arizona Attorney General.

John R. Mills , Phillips Black, Inc., Oakland, CA, Attorney for Amicus Curiae Phillips Black, Inc.

JUSTICE LOPEZ authored the opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, and JUSTICES BOLICK, GOULD, BEENE, and PELANDER (Retired) joined.


¶1 We consider whether consecutive sentences imposed for separate crimes, when the cumulative sentences exceed a juvenile's life expectancy, violate the Eighth Amendment's prohibition against "cruel and unusual punishments." We conclude that such de facto life sentences do not violate the Eighth Amendment...

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