Harich v. Wainwright, Secretary, Florida Department of Corrections, Et Al.
475 U.S. 1074
SCOTUS
1986
Check Treatment

*1 1074

Justice in all is Adhering my view that the death by cruel and unusual prohibited stances 153, Georgia, 428 U. S. v. Gregg stay grant 231 time to file a give sentence in this

and would and vacate the death 1986 March Pipe City Line of New United Gas Co. v. under this Sup. Ct. La. Certiorari dismissed et Orleans al. Court’s Rule 53.

March (85-6545). No. A-710 James Wainwright, Secretary, Department Sup. Ct. Fla. Corrections, et Florida al. of execution of sentence of death scheduled Application Wednesday, 1986, presented to Justice Powell, by Court, 7, 1986, him referred to the until granted April disposition by or until the this Court of the earlier, whichever is unless otherwise by extended Court. Justice, White, The Chief and Justice O’Connor the application Rehnquist, No. A-711 Wainwright, Secretary, Harich Sup. Ct. Fla. Florida al. of execution of sentence of death scheduled Wednesday, to Powell, concurring. The other capital case which execution was scheduled for to morrow is James v. ante this page. voted to of execution in that case. Both James and this case pro to present fess claims similar to that before the Lockhart v. case, however,

This an presents issue different from James In one without merit. the Lockhart issue was at least ar- guably presented when persons expressed venire who res- capital punishment ervations as to were removed by peremptory *2 case, In this in challenges. applicant this petition “conced[ed] the of Supreme [before Court that at his trial ‘no venire- Florida] dire, men were excluded’ voir during through either for cause or peremptory challenge.” Harich v. Wainwright, 484 So. 2d 1237 (1986). Similarly, before this Court makes allegation no that persons on the venire were excluded voir dire during because of any objections capital punishment. to my vote is to the for a

Accordingly, stay of execution. dissenting. to view that the in penalty death all circum- prohibited by the Gregg Georgia, 428 U. S. the and the petition with whom Justice Brennan

Four of Justices this Court have voted to defer consideration of petition certiorari this for a accompanying McCree, decision in Lockhart pending Appli our cant has raised a claim that directly would be affected the deci sion in no in was Although prospective juror McCree. this case stricken because of actually expressed scruples against the death penalty, that dire applicant alleges jurors’ exposure to voir on their to inflict the them willingness rendered likely more to convict him. This is identical to a claim at issue in It is to in McCree. also identical claims raised James v. Wain ante, ante, wright, p. p. and Adams v. stayed by only both of which were this the former hours like ago. applicant, solely jurors’ exposure relied to death he nowhere the exclusion qualification; claimed that jurors scope via strikes his case within the peremptory brought Cert, Al 85-6545, in pp. of McCree. See Pet. for other of numerous though this Court has deferred consideration McCree, in and has is for certiorari our decision petitions deferral, this stays necessary permit sued of execution where before us as we refuses to treat the case inexplicably have treated these others. disregard procedures is the its own alarming Court’s

More to defer Because at three Justices have voted least this not, has petition pending of the the Court consideration it, dispose can of the procedures nor its own under manifestly unusual unfair Thus, applicant is certiorari. his this Court has considered position facing execution before ignore willingness This Court has shown a bizarre petition. speedy bring as about procedures pleases standard it contribu- only special I can lament this Court’s own executions. to charac- arbitrariness and freakishness that continues tion to the penalty. of the death implementation terize the Stevens, Blackmun whom Justice with on for a yet the Court has not acted writ Because stay applicant’s execution until *3 is decided. 20, 1986 A-721 Smith, Commissioner, Ala Jones al. C. A. 11th Cir.

bama of death scheduled execution sentence Friday, and Justice Blackmun Stevens with whom Justice Marshall view that the all punishment prohibited by Amendments, Gregg Georgia, U. S. (1976), I would and the with whom Justice Brennan Petitioner is to be executed at morn- scheduled 12:01tomorrow In his ing. habeas he claims corpus, death-qualification jury of his consequent juror exclusion cause of one from prospective