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Stanley v. Kemp

468 U.S. 1220 Court SCOTUS Decision date 1984-07-11 Docket No. A-22 English

Judges Justice Stevens would grant the application.; with whom Justice Brennan joins,

Decision Majority (2) · Dissent — Marshall J.

Contents

Majority

p. 1220
July 11, 1984
No. A-22.
Stanley v. Kemp, Warden.

Application for stay of execution of sentence of death, presented to Justice Powell,

Dissent — Marshall J.

p. 1221
and by him referred to the Court, denied.

Justice Stevens would grant the application.

with whom Justice Brennan joins,

dissenting.

Petitioner challenges his conviction and death sentence on six colorable grounds. His stay application presenting those assignments of error did not arrive in this Court until 10:25 p. m. on July 11, 1984, less than two hours before his scheduled execution. At a minimum, I would grant a stay of sufficient duration to make possible a meaningful evaluation of petitioner’s claims. In my view, the importance and irrevocability of our decision require at least that we take the time necessary to ensure that the proceedings below were as error free as humanly possible.

I dissent.