Defending People

the tao of criminal-defense trial lawyering

Maybe A.R. Gupta Was Wrong.

The U.S. Supreme Court has stayed Hank Skinner’s execution (AP).

Share

About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

7 Responses to “Maybe A.R. Gupta Was Wrong.”

  1. How many hours will it be before at least five members of the USSC refuse to grant the stay? More than 24 hours would be shocking.

    If you’d allow pseudonyms, I’d sign myself “Jaded.”

  2. I meant to begin the last post by noting that only Scalia granted a stay for the limited time (and purpose) of referring the petition to the full Court for a vote. I think it is a common courtesy in these situations.

    • Mark Bennett says:

      Here is the order—for long enough for the Court to consider Skinner’s petition for certiorari. To terminate the stay, the Court will have to deny cert., and Skinner is asking the Court to resolve a circuit split.

    • Michael says:

      Scotusblog indicates a decision is expected next term (i.e. October 2010 or later). Sounds like the stay has its five votes.

  3. The SCOTUSblog says a decision would come next term ONLY if the Court grants cert. A decision on whether to grant cert is expected in a few weeks.

    If the idiots behind the decision not to retest the evidence had any sense, they’d agree to tea test now in order to: (1) moot the issue, and (2) give them some shred of credibility in the court of public opinion.

    But then again, if they had any sense they wouldn’t be idiots.

  4. balu arvind says:

    [Lengthy comment duplicative of comment left on another post deleted. Please don't cut and paste your comments from elsewhere. Maybe you need a blog, Balu. MB]

Leave a non-anonymous Reply

Bad Behavior has blocked 2487 access attempts in the last 7 days.