An application for a stay of execution pending timely filing and
disposition of a petition for certiorari is granted, where the
execution is set for a date before expiration of the period for
applicant's filing a petition for certiorari to review the Missouri
Supreme Court's affirmance of his conviction and death
sentence.
JUSTICE BLACKMUN, Circuit Justice.
On May 31, 1983, the Supreme Court of Missouri affirmed
applicant Williams' conviction and death sentence.
652 S.W.2d
102. It noted applicant's execution was set for July 15. On
June 30, the Missouri Supreme Court denied applicant's timely
motion for rehearing, and his motion requesting that court to stay
issuance of its mandate pending final disposition of a petition for
certiorari in this Court. Under the Rules of this Court, applicant
has until August 29, 1983, to file a petition for certiorari. He
has applied to me for a stay of execution pending timely filing and
disposition of that petition. The application is granted.
"[D]irect appeal is the primary avenue for review of a
conviction or sentence."
Barefoot v. Estelle, ante at
463 U. S. 887.
If a federal question is involved, the process of direct review
"includes the right to petition this Court for a writ of
certiorari."
Ibid. A stay of execution obviously is
essential to realization of this right if the execution otherwise
would occur prior to the expiration of a defendant's time to
petition this Court for direct review. The defendant must have at
least one opportunity to present to the full Court his claims
that
Page 463 U. S. 1302
his death sentence has been imposed unconstitutionally. For this
reason, if a State schedules an execution to take place before
filing and disposition of a petition for certiorari, I must stay
that execution pending completion of direct review, as a matter of
course.
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