Madden v. Texas Blanc v. Texas Goodwin v. Texas Hammond v. Texas
| Decision Date | 20 February 1991 |
| Docket Number | A-628,A-635,Nos. A-626,s. A-626 |
| Citation | 112 L.Ed.2d 1026,111 S.Ct. 902,498 U.S. 1301 |
| Parties | Robert MADDEN, Applicant, v. TEXAS. David Wayne DeBLANC, Applicant, v. TEXAS. Alvin Urial GOODWIN, Applicant, v. TEXAS. Karl HAMMOND, Applicant, v. TEXAS. to, and |
| Court | U.S. Supreme Court |
In each of these four cases, a lawyer affiliated with the Texas Resource Center, on behalf of an applicant convicted of capital murder and sentenced to death, has requested a 60- day extension of time in which to file a petition for a writ of certiorari to the Court of Criminal Appeals of Texas.
In No. A-626, the Texas court issued an opinion affirming the conviction and sentence of Robert Madden on September 12, 1990, 799 S.W.2d 683, and denied a petition for rehearing on November 28, 1990. The stated reason for the present extension request is that Madden's appellate counsel "has never before prepared a certiorari petition on a capital case" and requires the assistance of the Resource Center "to assist him and provide him with sufficient guidance to ensure that the important constitutional issues in [the] case are properly researched and presented to this Court." Madden is scheduled to be executed on February 28, 1991.
In No. A-627, the Texas court issued an opinion affirming the conviction and sentence of David Wayne DeBlanc on October 24, 1990, 799 S.W.2d 701 and denied a petition for rehearing on November 28, 1990. The stated reason for the present extension request is that DeBlanc's execution has not yet been scheduled.
In No. A-628, the Texas court issued an opinion affirming the conviction and sentence of Alvin Urial Goodwin on October 24, 1990, 799 S.W.2d 719 and denied a petition for rehearing on November 28, 1990. The stated reason for the present extension request is that Goodwin's execution has not yet been scheduled.
In No. A-635, the Texas court issued an opinion affirming the conviction and sentence of Karl Hammond on October 31, 1990, 799 S.W.2d 741 and denied a petition for rehearing on November 28, 1990. The stated reason for the present extension request is that Hammond's execution has not yet been scheduled.
The law states that "[t]he time for appeal or application for a writ of certiorari to review the judgment of a State court in a criminal case shall be as prescribed by rules of the Supreme Court." 28 U.S.C. § 2101(d). Those rules provide that "[a] petition for a writ of certiorari to review a judgment in any case, civil or criminal, entered by a state court of last resort . . . shall be deemed in time when it is filed with the Clerk of this Court within 90 days after the entry of judgment," Rule 13.1. This period may be extended by a Justice of this Court "for good cause shown" for a period not to exceed 60 days, Rule 13.2, but an application for such an extension "is not favored," Rule 13.6. Any such application "must be submitted at least 10 days before the specified final filing date," Rule 30.2; applicat...
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