1302
Opinion in Chambers
See Netherland v. Tuggle, 515 U. S. 951, 952 (1995). We have rejected the view that "a capital defendant as a matter of right [is] entitled to a stay of execution until he has filed a petition for certiorari in due course." Ibid.
I nonetheless deny the Commonwealth's motion to vacate the stay of execution because, so far as I can tell, there is no execution scheduled. If there is no execution scheduled, it cannot be stayed, and there is nothing for me to vacate. See Netherland v. Tuggle, 517 U. S. 1301 (1996) (Rehnquist, C. J., Circuit Justice) (no stay of execution to vacate where Court of Appeals had only stayed its own mandate).
Last modified: October 4, 2007