California's reapplication to stay the California Supreme
Court's judgment vacating respondent's death sentence and remanding
for a new sentencing proceeding is granted pending this Court's
disposition of the case, pursuant to the previously granted writ of
certiorari.
JUSTICE REHNQUIST, Circuit Justice.
Respondent Marcelino Ramos was convicted of capital murder and
sentenced to death in the California courts. The trial judge had,
pursuant to state statute, informed the sentencing jury that a
sentence of life imprisonment without possibility of parole may be
commuted by the Governor to a sentence that permits parole. The
California Supreme Court vacated the death sentence and remanded
for a new sentencing proceeding on the ground that respondent was
denied due process in violation of the Fifth, Eighth, and
Fourteenth Amendments.
30 Cal. 3d
553, 639 P.2d 908.
In March 1982, the State of California applied for a stay of the
California Supreme Court's judgment. I referred the application to
the full Court, which denied the stay. 455 U.S. 1011. In April, the
State filed a petition for a writ of certiorari. On October 4,
1982, the Court granted the petition for certiorari,
ante
p. 821, and California now has reapplied for a stay. It states that
the new penalty proceeding is scheduled to begin on November 8,
1982. Respondent has stated that he does not object to issuance of
a stay.
I have therefore decided that petitioner's reapplication for a
stay pending disposition of the case by this Court should be
granted.
It is so ordered.
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