475 U.S. 1074 | SCOTUS | 1986
Concurrence Opinion
concurring.
The other capital case in which execution was scheduled for tomorrow is James v. Wainwright, ante this page. I voted to grant a stay of execution in that case. Both James and this case profess to present claims similar to that pending before the Court in Lockhart v. McCree, No. 84-1865.
This case, however, presents an issue different from James and one without merit. In James, the Lockhart issue was at least ar
Accordingly, my vote is to deny the application for a stay of execution.
Dissenting Opinion
dissenting.
Four Justices of this Court have voted to defer consideration of the petition for certiorari accompanying this application for a stay pending our decision in Lockhart v. McCree, No. 84-1865. Applicant has raised a claim that would be directly affected by the decision in McCree. Although no prospective juror in this case was actually stricken because of expressed scruples against the death penalty, applicant alleges that the jurors’ exposure to voir dire on their willingness to inflict the death penalty rendered them more likely to convict him. This is identical to a claim at issue in McCree. It is also identical to claims raised in James v. Wainwright, ante, p. 1074, and Adams v. Wainwright, ante, p. 1062, both of which were stayed by this Court, the former only hours ago. James, like applicant, relied solely on the jurors’ exposure to death qualification; he nowhere claimed that the exclusion of jurors via peremptory strikes brought his case within the scope of McCree. See Pet. for Cert, in No. 85-6545, pp. 6-13. Although this Court has deferred consideration of numerous other petitions for certiorari pending our decision in McCree, and has issued stays of execution where necessary to permit this deferral, the Court inexplicably refuses to treat the case before us as we have treated these others.
Lead Opinion
Sup. Ct. Fla.
Application for stay of execution of sentence of death scheduled for Wednesday, March 19, 1986, presented to Justice Powell, and by him referred to the Court, denied.
Dissenting Opinion
dissenting.
Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227 (1976), I would grant the application for stay and the petition for writ of certiorari, and vacate the death sentence in this case.
Dissenting Opinion
dissenting.
Because the Court has not yet acted on the petition for a writ of certiorari, I would stay applicant’s execution until that petition is decided.