Stays of Execution: A Search for Predictability and Rationality

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.