EVANS
v.
BENNETT, CORRECTIONAL COMMISSIONER, ET AL.
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Mr. Justice Brennan,
concurring.
It should be noted that the applicant has filed a letter with the Clerk of the Court stating in part:
“1. On April 11, 1979, John Louis Evans, applicant’s son, signed and verified a petition for writ of habeas corpus and stay of execution for filing with the United States District Court for the Southern District of Alabama.
“2. Also, on April 11, 1979, that verified petition was mailed for filing to the clerk of that court.
“3. As of April 11, 1979, the Alabama Supreme Court had not yet set a new execution date for John Louis Evans.”
The above-stated facts may make it unnecessary for the Court to rule on her application for a stay at its conference on Friday, April 13. Should the District Court grant her son’s application for a stay of execution, the application for a stay before this Court would become moot. Applicant is aware that the temporary stay granted in this action expires at 5 p. m. on April 13, 1979. No harm will come to applicant by the expiration of the temporary stay since the Alabama Supreme Court has not yet set a new execution date for her son and, until such date is set, her son cannot be executed.
In view of the foregoing, it is apparent that there is now no need to grant the application.
Cases With Similar Vibessemantic neighbors from the corpus
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Whitmore v. Arkansas, 495 U.S. 149 (U.S. 1990)…he Court was presented with this question in the context of applications for stays of executions filed by parties other than the defendants. Three times the Court denied the applications. See Gilmore v. Utah, 429 U. S. 1012 (1976); Evans v. Bennett, 440 U. S. 987 (1979); Lenhard v. Wolff, 444 U. S. 807 (1979). In Gilmore, the Court stated only that the competent defendant had knowingly and intelligently waived any federal rights. 429 U. S., at 1013. In Evans, then-JusTiCE Rehnquist, in his capacity as Circ…1 / 3
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Lenhard v. Wolff, 443 U.S. 1306 (U.S. 1979)…. Utah, 429 U. S. 1012 (1976), and Evans v. Bennett, 440 U. S. 1301, in which I granted a stay of execution on April 5, 1979, in order that the case might be considered by the full Court. The full Court thereafter vacated the stay. Evans v. Bennett, 440 U. S. 987 (1979). In each of these cases, the defendant under sentence of death had disassociated himself from efforts to secure review of that sentence.* In Evans, I entered the stay of execution in recognition of the fact that four Members of the Court ha…
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Harvey and Rebecca Rumbaugh v. Procunier, 753 F.2d 395 (5th Cir. 1985)…) (failure to prove mental illness), vacating stay of execution, 444 U.S. 921, 100 S.Ct. 241, 62 L.Ed.2d 177 (1979); Evans v. Bennett, 440 U.S. 1301, 99 S.Ct. 1481, 59 L.Ed.2d 756 (1979) (failure to prove mental illness), vacating stay of execution, 440 U.S. 987, 99 S.Ct. 1986, 60 L.Ed.2d 370 (1979); Gilmore v. Utah, 429 U.S. 1012, 97 S.Ct. 436, 50 L.Ed.2d 632 (1976) (failure to prove mental illness); Hays v. Murphy, 663 F. 2d 1004 (10th Cir.1981) (remanded to take evidence on issue of mental illness and co…
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