Record returned to Court of Appeals of Arizona, Division One.

MANDATE ISSUED. (orders list)

Adjudged to be AFFIRMED. Souter, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Thomas, and Alito, JJ., joined, and in which Breyer, J., joined except as to Parts III-B and III-C and the ultimate dispostion. Breyer, J., fil

Argued. For petitioner: David I. Goldberg, Flagstaff, Ariz. (Appointed by this Court.) For respondent: Randall M. Howe, Chief Counsel, Office of the Attorney General, Phoenix, Ariz.; and Paul D. Clement, Solicitor General, Department of Justice, Washin

Reply of petitioner Eric Michael Clark filed. (Distributed)

Motion DISTRIBUTED for Conference of April 14, 2006.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. (orders list)

Motion to appoint counsel filed by petitioner GRANTED. David Goldberg, Esquire, of Flagstaff, Arizona is appointed to serve as counsel for the petitioner in this case. (orders list)

CIRCULATED.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief of respondent Arizona filed.

SET FOR ARGUMENT Wednesday, April 19, 2006.

Brief amicus curiae of Citizens Commission on Human Rights filed.

Brief amicus curiae of United States filed.

Brief amicus curiae of Massachusetts, et al. filed.

Motion DISTRIBUTED for Conference of March 17, 2006.

Brief amicus curiae of Treatment Advocacy Center filed.

Joint appendix filed. (Joint appendix in two volumes).

Brief amici curiae of American Psychiatric Association, et al. filed.

Brief of petitioner Eric Michael Clark filed.

Brief amici curiae of American Association on Mental Retardation, et al. filed.

Consent to the filing of amicus briefs in support of either party received from counsel for the respondent.

Motion to appoint counsel filed by petitioner Eric Michael Clark.

Consent to the the filing of amicus briefs in support of either party received from counsel for the petitioner.

Extension of time within which to file the joint appendix and petitioner's brief on the merits to and including January 30, 2006.

Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. (orders list)

DISTRIBUTED for Conference of December 2, 2005.

DISTRIBUTED for Conference of November 23, 2005.

Brief of respondent Arizona in opposition filed.

Record received from the Court of Appeals State of Arizona and in the Superior Court of the State of Arizona in and for the County of Coconino (three boxes).

Response Requested . (Due October 21, 2005)

Record Requested .

DISTRIBUTED for Conference of October 7, 2005.

Waiver of right of respondent Arizona to respond filed.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2005)

Extension of time within which to file the joint appendix and petitioner's brief on the merits to and including January 30, 2006.

Eric Michael Clark, Petitioner, represented by David Goldberg

Arizona, Respondent, represented by Michael T. O'Toole

Arizona, Respondent, represented by Randall M. Howe

American Association on Mental Retardation, et al., Amicus Curiae, represented by James W. Ellis

American Psychiatric Association, et al., Amicus Curiae, represented by Richard G. Taranto

Citizens Commission on Human Rights, Amicus Curiae, represented by Kendrick L. Moxon

Massachusetts, et al., Amicus Curiae, represented by David M. Lieber

Treatment Advocacy Center, Amicus Curiae, represented by David Adam Kotler

United States, Amicus Curiae, represented by Paul D. Clement