Davis v. Wainwright Hardwick v. Wainwright, A-224
| Court | United States Supreme Court |
| Citation | 107 S.Ct. 17,92 L.Ed.2d 783,92 L.Ed.2d 785,478 U.S. 1044 |
| Docket Number | No. A-225,No. A-224,A-224,A-225 |
| Parties | Allen Lee DAVIS v. Louie L. WAINWRIGHT, Secretary, Florida Department of Corrections, et al Kenneth Wayne HARDWICK v. Louie L. WAINWRIGHT, Secretary, Florida Department of Corrections, et al |
| Decision Date | 23 September 1986 |
v.
Louie L. WAINWRIGHT, Secretary, Florida Department of Corrections, et al
Louie L. WAINWRIGHT, Secretary, Florida Department of
Supreme Court of the United States
On applications for stay.
The application for stay of execution of the sentence of death, presented to Justice POWELL and by him referred to the Court, is granted pending the timely filing and disposition by this Court of a petition for writ of certiorari. Should the petition for a writ of certiorari be denied, this stay terminates automatically. In the event the petition for writ of certiorari is granted, this stay shall continue pending issuance of the mandate of this Court.
Justice POWELL, with whom THE CHIEF JUSTICE joins, concurring.
Allen Davis and Kenneth Hardwick were scheduled to be executed on September 23, 1986. On the morning of September 22, Davis and Hardwick filed habeas corpus petitions in the Florida Supreme Court, that has original jurisdiction to issue extraordinary writs under Fla.Rule App.Proc. 9.030(a)(3). The Florida Court denied both applications by order, stating in each case that it would "file an opinion at a later date setting forth its reasons for the denial of this Petition." At 10:25 p.m. on that day, less than nine hours before the scheduled executions, Davis and Hardwick filed applications with me, as Circuit Justice, seeking stays of execution until this Court can consider their petitions for writs of certiorari to review the Florida decisions. The sole basis for their request is a claim that in Florida capital punishment
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is applied discriminatorily on the basis of the race of the victim. I granted a temporary stay until September 23 at 3 p.m. and referred the applications to the full Court.
The State asks us to deny the applications, claiming that Davis and Hardwick were barred by state law from raising their claims in the Florida Supreme Court. The State asserts that Davis's claim was barred because he did not raise it on direct appeal from his conviction. See Stone v. State, 481 So.2d 478, 479 (Fla.1985). The State also asserts that Hardwick's claim was filed in the wrong forum. See Ford v. Wainwright, 451 So.2d 471 (Fla.1984) (a claim may not be raised for the first time in original habeas proceedings in the Florida Supreme Court). According to the State, Hardwick's claim should have been filed in a Florida trial court under Fla.Rule Crim.Proc. 3.850. Davis and Hardwick ask us to ignore these procedural questions.
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