California's application for a stay, pending review by
certiorari, of enforcement of the California Supreme Court's
judgment reversing the imposition of a death sentence but upholding
respondent's conviction, is granted.
MR. JUSTICE REHNQUIST, Circuit Justice.
Applicant seeks a stay of the enforcement of the judgment of the
Supreme Court of
California in People v.
Velasquez, 26 Cal. 3d
425, 606 P.2d 341 (1980), pending the filing of a petition for
certiorari and its disposition by this Court. Applicant contends
that the Supreme Court of California has reversed the imposition of
a sentence of death, although upholding the conviction, because the
trial was conducted in violation of this Court's decision in
Witherspoon v. Illinois, 391 U. S. 510
(1968).
This Court has granted certiorari in
Adams v. Texas,
No. 79-5175, 444 U.S. 990, and that case is presently set for
argument today. The issues presented there are sufficiently related
to the issues which the applicant State says it will raise in its
petition for certiorari in this case that I have decided to grant
the State's application for stay pending (1) consideration and
decision of
Adams v. Texas, supra, by this Court, and (2)
the filing and disposition of a timely petition for certiorari in
this case by the applicant.
I am not persuaded by the response that the decision below rests
upon a reading of state law by the Supreme Court of
Page 445 U. S. 1302
California. Neither
In re Anderson, 69 Cal. 2d
613, 447 P.2d 117 (1968), which was cited by the court below,
nor
People v. Wheeler, 22 Cal. 3d
258, 583 P.2d 748 (1978), which was not, supports respondent's
position.
Anderson, as I read it, was based primarily upon
this Court's decision in
Witherspoon. Wheeler,
while itself based on state law, seems clearly distinguishable from
the present case.
The application for stay is accordingly granted.
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