Stays of Execution: A Search for Predictability and Rationality

Date

1989

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Discusses death penalty appeals in the Fifth Circuit. The remarks are in three parts. First, describes the path of habeas petitions through the courts, outlining the standards by which federal courts grant stays of execution. Second, describes an issue that continues to engage our court: in cases where a stay would be denied under the settled law of this circuit, should we nonetheless stay an execution when the case presents issues similar to cases in which the Supreme Court has either granted certiorari or a stay? Finally, identifies some consequences of this unevenness in the handling of applications for stays.

Description

Keywords

Habeas corpus, Capital punishment, Stay of execution, Death penalty appeals, Fifth circuit, Habeas petitions

Citation

20 Tex. Tech L. Rev. vii