Ohio Adult Parole Authority v. Woodard, 523 U.S. 272, 10 (1998)

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Cite as: 523 U. S. 272 (1998)

Opinion of Rehnquist, C. J.

matter of grace, thus allowing the executive to consider a wide range of factors not comprehended by earlier judicial proceedings and sentencing determinations. The dissent agrees with respondent that because "a living person" has a constitutionally protected life interest, it is incorrect to assert that respondent's life interest has been "extinguished." Post, at 291. We agree that respondent maintains a residual life interest, e. g., in not being summarily executed by prison guards. However, as Greenholtz helps to make clear, respondent cannot use his interest in not being executed in accord with his sentence to challenge the clemency determination by requiring the procedural protections he seeks. 442 U. S., at 7.3

The reasoning of Dumschat did not depend on the fact that it was not a capital case. The distinctions accorded a life interest to which respondent and the dissent point, post, at 291-292, 293-295, are primarily relevant to trial. And this Court has generally rejected attempts to expand any distinctions further. See, e. g., Murray v. Giarratano, 492 U. S. 1, 8-9 (1989) (opinion of Rehnquist, C. J.) (there is no constitutional right to counsel in collateral proceedings for death row inmates; cases recognizing special constraints on capital proceedings have dealt with the trial stage); Satter-white v. Texas, 486 U. S. 249, 256 (1988) (applying traditional standard of appellate review to a Sixth Amendment claim in a capital case); Smith v. Murray, 477 U. S. 527, 538 (1986) (applying same standard of review on federal habeas in capi-3 For the same reason, respondent's reliance on Ford v. Wainwright, 477 U. S. 399, 425 (1986), is misplaced. In Ford, the Court held that the Eighth Amendment prevents the execution of a person who has become insane since the time of trial. Id., at 410. This substantive constitutional prohibition implicated due process protections. This protected interest, however, arose subsequent to trial, and was separate from the life interest already adjudicated in the inmate's conviction and sentence. See id., at 425 (Powell, J., concurring). This interest therefore had not been afforded due process protection. The Court's recognition of a protected interest thus did not rely on the notion of a continuing "original" life interest.

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