Cole v. Texas

499 U.S. 1301, 111 S. Ct. 1407, 113 L. Ed. 2d 206, 1991 U.S. LEXIS 1712

Opinion

Justice Scalia,

Circuit Justice.

I have before me an application for a stay of execution pending disposition of a petition for writ of certiorari to the Court of Criminal Appeals of Texas. The petitioner seeks direct review of the judgment of the Texas courts affirming his death sentence.

I will in this case, and in every capital case on direct review, grant a stay of execution pending disposition by this Court of the petition for certiorari. While I will not extend the time for filing a petition beyond an established execution date, see Madden v. Texas, 498 U. S. 1301 (1991) (Scalia, J., in chambers), neither will I permit the State’s execution date to interfere with the orderly processing of a petition on direct review by this Court.

It is so ordered.