OCTOBER TERM, 1994
on application to vacate stay of execution
No. A-209. Decided September 1, 1995
On June 29, 1995, the Court of Appeals vacated the District Court's grant of habeas relief to respondent Tuggle, finding all of his constitutional claims meritless. However, the court stayed the issuance of its mandate and granted Tuggle a 30-day stay of execution, pending the filing of a timely petition for certiorari in this Court. It later extended the stay for the full 90 days allowed to file a certiorari petition.
Held: The stay of execution was improvidently granted and is vacated, provided that it shall remain in effect until September 20, 1995, to allow Tuggle's counsel time to seek a further stay in this Court. Since the Court of Appeals' actions were taken by summary order without opinion or discussion, there is no indication that the court attempted to undertake the three-part inquiry required by Barefoot v. Estelle, 463 U. S. 880, 895-896. This Court has already rejected the Court of Appeals' apparent belief that a capital defendant as a matter of right is entitled to a stay of execution until he has filed a certiorari petition in due course. E. g., Autry v. Estelle, 464 U. S. 1, 2.
Applicant asks that we vacate a stay of execution granted Tuggle by the Court of Appeals for the Fourth Circuit. Because we agree with applicant that the stay was improvidently entered, we grant his application to vacate, provided that the stay shall remain in effect until September 20, 1995, to allow Tuggle's counsel opportunity to seek a further stay in this Court.
On June 29, 1995, the Court of Appeals issued an opinion vacating the District Court's grant of habeas relief, finding all of Tuggle's constitutional claims to be without merit. Tuggle v. Thompson, 57 F. 3d 1356. The court stayed the issuance of its mandate on August 2, however, and granted Tuggle a 30-day stay of execution pending the filing of a timely petition for certiorari in this Court; then on August
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