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Netherland v. Tuggle, 515 U.S. 951 (1995)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Netherland v. Tuggle, 515 U.S. 951 (1995)
Netherland v. Tuggle No. A-209 Decided September 1, 1995 515 U.S. 951
ON APPLICATION TO VACATE STAY OF EXECUTION
Syllabus
On June 29, 1995, the Court of Appeals vacated the District Court’s grant of habeas relief to respondent Tuggle, finding all of his constitutional claims meritless. However, the court stayed the issuance of its mandate and granted Tuggle a 30-day stay of execution pending the filing of a timely petition for certiorari in this Court. It later extended the stay for the full 90 days allowed to file a certiorari petition.
Held: the stay of execution was improvidently granted, and is vacated, provided that it shall remain in effect until September 20, 1995, to allow Tuggle’s counsel time to seek a further stay in this Court. Since the Court of Appeals’ actions were taken by summary order without opinion or discussion, there is not indication that the court attempted to undertake the three-part inquiry required by Barefoot v. Estelle, 463 U.S. 880, 895-896. This Court has already rejected the Court of Appeals’ apparent belief that a capital defendant, as a matter of right, is entitled to a stay of execution until he has filed a certiorari petition in due course. E.g., Autry v. Estelle, 464 U.S. 1, 2.
Stay vacated.
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Chicago: U.S. Supreme Court, "Syllabus," Netherland v. Tuggle, 515 U.S. 951 (1995) in 515 U.S. 951 Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=8XAXGWSNMAPBFPM.
MLA: U.S. Supreme Court. "Syllabus." Netherland v. Tuggle, 515 U.S. 951 (1995), in 515 U.S. 951, Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=8XAXGWSNMAPBFPM.
Harvard: U.S. Supreme Court, 'Syllabus' in Netherland v. Tuggle, 515 U.S. 951 (1995). cited in 1995, 515 U.S. 951. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=8XAXGWSNMAPBFPM.
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