Darden v. Wainwright, No. 85-5319

CourtUnited States Supreme Court
Writing for the CourtPOWELL; BURGER; Justice WHITE
Citation473 U.S. 928,106 S.Ct. 21,87 L.Ed.2d 699
Decision Date03 September 1985
Docket NumberA-181,No. 85-5319
PartiesWillie Jasper DARDEN v. Louie L. WAINWRIGHT, Secretary, Florida Department of Corrections. ()

473 U.S. 928
106 S.Ct. 21
87 L.Ed.2d 699
Willie Jasper DARDEN

v.

Louie L. WAINWRIGHT, Secretary, Florida Department of Corrections.

No. 85-5319 (A-181)

Supreme Court of the United States

September 3, 1985

On Petition for Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit.

Upon the request of counsel for the petitioner, the application for stay of execution has been considered as a petition for a writ of certiorari. The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted.

The order of this date denying the application for stay is vacated. The application for stay of execution of the sentence of death is granted pending the sending down of the judgment of this Court.

Justice POWELL, concurring in the granting of the application for a stay.

My vote is to grant the application for a stay, although I find no merit whatever in any of the claims advanced in the petition for certiorari. All of these claims have been carefully considered and repeatedly rejected by the courts below, including as recently as this afternoon the Federal District Court for the Middle District of Florida, and this evening the Court of Appeals for the Eleventh Circuit. Indeed the petition for certiorari was merely the stay application that had been denied, and restyled on the request of counsel as a petition for certiorari. But in view of the unusual situation in which four Justices have voted to grant certiorari

Page 929

(doing so without waiting for the Court of Appeals to act on Darden's second federal habeas petition that was before that court this evening), and in view of the fact that this is a capital case with petitioner's life at stake, and further in view of the fact that the Justices are scattered geographically and unable to meet for a Conference, I feel obligated to join in granting the application for a stay.

Chief Justice BURGER, dissenting.

In the 12 years since petitioner was convicted of murder and sentenced to death, the issues now raised in the petition for certiorari have been considered by this Court four times, see Darden v. Florida, 430 U.S. 704, 97 S.Ct. 1671, 51 L.Ed.2d 751 (1977) (dismissing certiorari as improvidently granted); Darden v. Wainwright, 467 U.S. 1230, 104 S.Ct. 2688, 81 L.Ed.2d 882 (1984) (denying certiorari); Wainwright v. Darden, 469 U.S. 1202, 105 S.Ct. 1158, 84 L.Ed.2d 311 (1985) (vacating and remanding 725 F.2d 1526 (CA11 1984)); ...

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6 practice notes
  • Darden v. Wainwright, No. 85-5319
    • United States
    • United States Supreme Court
    • June 23, 1986
    ...for a stay of his execution that this Court treated as a petition for certiorari and granted, at the same time staying his execution. 473 U.S. 928, 106 S.Ct. 21, 87 L.Ed.2d 699 (1985). We now affirm. II Because of the nature of petitioner's claims, the facts of this case will be stated in m......
  • White v. Horn, No. 97-2561.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • July 3, 1999
    ...the following cases cited by the Petitioner, see, e.g., Darden v. Wainwright, 473 U.S. 927, 106 S.Ct. 20, 87 L.Ed.2d 698, cert. granted, 473 U.S. 928, 106 S.Ct. 21, 87 L.Ed.2d 699 (1985); Herrera v. Collins, 502 U.S. 1085, 112 S.Ct. 1074, 117 L.Ed.2d 279, cert. granted, 502 U.S. 1085, 112 S......
  • Darden v. Dugger, No. 86-3705
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • August 5, 1987
    ...Court. The Court treated this as a petition for certiorari and granted the application, thus staying petitioner's execution. Darden, 473 U.S. 928, 106 S.Ct. 21, 87 L.Ed.2d 699 The Court in Darden, 477 U.S. 187, 106 S.Ct. 2464, 91 L.Ed.2d 144 (1986), addressed the following three claims conc......
  • Wainwright v. Booker, A-220
    • United States
    • United States Supreme Court
    • September 24, 1985
    ...confused by the seeming absence of deference in our decisions in Pinkerton v. McCotter, 473 U.S. 925, 106 S.Ct. and Darden v. Wainwright, 473 U.S. 928, 106 S.Ct. ----, --L.Ed.2d ----. In both of those cases, this Court reversed denials of stays of execution, on the ground that four Justices......
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6 cases
  • Darden v. Wainwright, No. 85-5319
    • United States
    • United States Supreme Court
    • June 23, 1986
    ...for a stay of his execution that this Court treated as a petition for certiorari and granted, at the same time staying his execution. 473 U.S. 928, 106 S.Ct. 21, 87 L.Ed.2d 699 (1985). We now affirm. II Because of the nature of petitioner's claims, the facts of this case will be stated in m......
  • White v. Horn, No. 97-2561.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • July 3, 1999
    ...the following cases cited by the Petitioner, see, e.g., Darden v. Wainwright, 473 U.S. 927, 106 S.Ct. 20, 87 L.Ed.2d 698, cert. granted, 473 U.S. 928, 106 S.Ct. 21, 87 L.Ed.2d 699 (1985); Herrera v. Collins, 502 U.S. 1085, 112 S.Ct. 1074, 117 L.Ed.2d 279, cert. granted, 502 U.S. 1085, 112 S......
  • Darden v. Dugger, No. 86-3705
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • August 5, 1987
    ...Court. The Court treated this as a petition for certiorari and granted the application, thus staying petitioner's execution. Darden, 473 U.S. 928, 106 S.Ct. 21, 87 L.Ed.2d 699 The Court in Darden, 477 U.S. 187, 106 S.Ct. 2464, 91 L.Ed.2d 144 (1986), addressed the following three claims conc......
  • Wainwright v. Booker, A-220
    • United States
    • United States Supreme Court
    • September 24, 1985
    ...confused by the seeming absence of deference in our decisions in Pinkerton v. McCotter, 473 U.S. 925, 106 S.Ct. and Darden v. Wainwright, 473 U.S. 928, 106 S.Ct. ----, --L.Ed.2d ----. In both of those cases, this Court reversed denials of stays of execution, on the ground that four Justices......
  • Request a trial to view additional results

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