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Selvage v. Collins, 494 U.S. 108 (1990)
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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.
Selvage v. Collins, 494 U.S. 108 (1990)
Selvage v. Collins No. 87-6700 Argued January 17, 1990 Decided Feb. 21, 1990 494 U.S. 108
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE FIFTH CIRCUIT
Syllabus
Petitioner Selvage filed a petition for a writ of certiorari to review a Court of Appeals’ decision refusing to grant a stay of execution. This Court stayed the execution and withheld disposition of the petition pending the decision in Penry v. Lynaugh, 492 U.S. 302. Following that decision, certiorari was granted to answer the question whether, at the time of trial, there was cause for not raising a claim based upon arguments later accepted in Penry v. Lynaugh, supra, and, if not, whether the application of a procedural bar to the claim would result in a fundamental miscarriage of justice.
Held: The case is remanded for a determination whether Selvage’s Penry claim is presently procedurally barred under Texas law. The Director of the Texas Department of Criminal Justice disputes his argument that his Penry claim would no longer be deemed procedurally barred by the Texas Court of Criminal Appeals. However, since Penry was handed down after his petition for certiorari was filed, and may have affected the state court’s view on whether the claim is presently barred, this issue should be decided by the Court of Appeals before the question on which certiorari was granted is addressed.
842 F.2d 89 vacated and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Selvage v. Collins, 494 U.S. 108 (1990) in 494 U.S. 108 494 U.S. 109. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=QL8E1HAY1EYUTCU.
MLA: U.S. Supreme Court. "Syllabus." Selvage v. Collins, 494 U.S. 108 (1990), in 494 U.S. 108, page 494 U.S. 109. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=QL8E1HAY1EYUTCU.
Harvard: U.S. Supreme Court, 'Syllabus' in Selvage v. Collins, 494 U.S. 108 (1990). cited in 1990, 494 U.S. 108, pp.494 U.S. 109. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=QL8E1HAY1EYUTCU.
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