An application for a stay of execution of applicant's death
sentence, pending the disposition of his petition for certiorari to
review the Alabama Supreme Court's denial of his motion requesting
a new sentencing hearing, is denied. Applicant's constitutional
challenges to Alabama's capital sentencing procedures have been
rejected by several state and federal courts.
JUSTICE POWELL, Circuit Justice.
This is an application for a stay of execution set for April 22,
1983, pending the disposition of a petition for certiorari to the
Alabama Supreme Court. The petition for certiorari was filed on
April 19, 1983. This application was filed later the same day,
following the Alabama Supreme Court's denial of applicant's motion
for a stay of execution. On April 20 the State filed a response in
opposition to the application for a stay, and applicant filed a
reply to the State's opposition.
Applicant was tried and convicted on April 26, 1977, in the
Mobile County, Ala., Circuit Court of first-degree murder committed
during the commission of a robbery. The trial court sentenced him
to death. Applicant's conviction and sentence were affirmed by the
Alabama Court of Criminal Appeals,
Evans v.
State, 361
So. 2d 654 (1977), and the Alabama Supreme Court,
361 So. 2d
666 (per curiam),
rehearing denied, 361 So. 2d 672
(1978) (per curiam). This Court denied a petition for certiorari.
440 U.S. 930 (1979).
In April, 1979, applicant filed a petition for a writ of habeas
corpus in the United States District Court for the Southern
District of Alabama, challenging the constitutionality of both
Page 461 U. S. 1302
the conviction and the death sentence. The District Court
rejected all of his contentions and denied the petition.
Evans
v. Britton, 472 F.
Supp. 707 (1979). The Court of Appeals for the Fifth Circuit
reversed, finding that applicant's conviction was invalid.
Evans v. Britton, 628 F.2d 400 (1980) (per curiam),
modified on rehearing, 639 F.2d 221 (1981) (per curiam).
This Court granted the State's petition for a writ of certiorari
and, after briefing and argument, reversed the judgment of the
Court of Appeals.
Hopper v. Evans, 456 U.
S. 605 (1982).
This Court's judgment reinstated applicant's conviction, but his
challenges to Alabama's capital sentencing procedures remained to
be decided by the Court of Appeals on remand. In July, 1982,
however, applicant dismissed his attorneys and filed a motion with
the Court of Appeals seeking to dismiss his appeal. The court
dismissed the appeal on October 19, 1982.
On October 22, 1982, the State of Alabama sought an order from
the Alabama Supreme Court setting an execution date. Applicant then
filed a motion requesting a new sentencing hearing. On February 18,
1983, the Alabama Supreme Court denied this motion, and on April 8,
1983, the court ordered that applicant's execution be set for April
22, 1983.
Applicant's constitutional challenges to Alabama's capital
sentencing procedures have been reviewed exhaustively and
repetitively by several courts in both the state and federal
systems. I have reviewed the record, and conclude that there is not
"a reasonable probability that four Members of the Court would find
that this case merits review."
White v. Florida,
458 U. S. 1301,
458 U. S.
1302 (1982) (POWELL, J., in chambers). All of the papers
relevant to applicant's request for a stay of execution also have
been circulated to the entire Court. With the concurrence of six
other Members of the Court, I deny the application for a stay.
JUSTICE BRENNAN and JUSTICE MARSHALL have indicated that they
would vote to grant the stay.
Comments
Be the first to comment
Leave a Comment