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Autry v. Estelle, 464 U.S. 1 (1983)
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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.
Autry v. Estelle, 464 U.S. 1 (1983)
Autry v. Estelle No. A-197 Decided October 3, 1983 464 U.S. 1
ON APPLICATION FOR STAY
Syllabus
After applicant’s murder conviction and death sentence were affirmed by the Texas Court of Criminal Appeals, and his habeas corpus petition in the state system was denied, he filed for habeas corpus in Federal District Court, presenting some of the same claims that had been unavailing in the state system. The District Court denied the writ, and the United States Court of Appeals affirmed. Applicant then sought a stay of his sentence from the Circuit Justice, who referred the application to the Court.
Held: The application for stay is denied where fewer than four Justices would grant certiorari. And this Court will not adopt a rule calling for an automatic stay, regardless of the merits presented, where the applicant is seeking review of the denial of his first federal habeas corpus petition. Here, neither the District Court nor the Court of Appeals found sufficient merit in any of applicant’s claims to warrant setting aside his conviction or sentence, and the Court of Appeals did not find that a stay of applicant’s sentence pending certiorari was warranted.
Application for stay denied.
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Chicago: U.S. Supreme Court, "Syllabus," Autry v. Estelle, 464 U.S. 1 (1983) in 464 U.S. 1 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=LLWJ55YE34NIT9J.
MLA: U.S. Supreme Court. "Syllabus." Autry v. Estelle, 464 U.S. 1 (1983), in 464 U.S. 1, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=LLWJ55YE34NIT9J.
Harvard: U.S. Supreme Court, 'Syllabus' in Autry v. Estelle, 464 U.S. 1 (1983). cited in 1983, 464 U.S. 1. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=LLWJ55YE34NIT9J.
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