Maggio v. Williams

464 U.S. 46, 104 S. Ct. 311, 78 L. Ed. 2d 43, 1983 U.S. LEXIS 10, 52 U.S.L.W. 3363
CourtSupreme Court of the United States
DecidedNovember 7, 1983
DocketA-301
StatusPublished
Cited by62 cases

This text of 464 U.S. 46 (Maggio v. Williams) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maggio v. Williams, 464 U.S. 46, 104 S. Ct. 311, 78 L. Ed. 2d 43, 1983 U.S. LEXIS 10, 52 U.S.L.W. 3363 (1983).

Opinions

Per Curiam.

On October 23, 1983, less than two days before Williams’ scheduled execution, the Court of Appeals for the Fifth [47]*47Circuit stayed the execution “pending final action of the Supreme Court.” Because we agree with applicant that the stay was improvidently imposed, we grant his motion to vacate the stay and to allow the State to reschedule Williams’ execution.

H-I

Williams was sentenced to death for killing a security guard while robbing a grocery store in Baton Rouge, La. His conviction and sentence were affirmed by the Louisiana Supreme Court. State v. Williams, 383 So. 2d 369 (1980). After we denied Williams’ petition for certiorari, 449 U. S. 1103 (1981), and his request for rehearing, 450 U. S. 971 (1981), he unsuccessfully sought a writ of habeas corpus in the Louisiana state courts. He then filed his first petition for habeas corpus in the District Court for the Middle District of Louisiana, presenting the same 13 issues that had proved unavailing in the state courts. The District Court held no hearing, but issued a written opinion denying Williams’ petition. See Williams v. Blackburn, 649 F. 2d 1019, 1021-1026 (CA5 1981) (incorporating District Court’s decision). The District Court’s judgment was affirmed by a panel of the Court of Appeals for the Fifth Circuit, ibid., but an order was entered directing that the appeal be reheard en banc. On rehearing, the en banc Court of Appeals rejected each of Williams’ many objections to his conviction and sentence and affirmed the judgment of the District Court. Williams v. Maggio, 679 F. 2d 381 (1982) (en banc). On June 27, 1983, we again denied Williams’ petition for certiorari, 463 U. S. 1214, and we denied his request for rehearing on September 8, 1983, 463 U. S. 1249.

After unsuccessfully renewing his attempt to win relief in the state courts, Williams filed a second petition for habeas corpus in the District Court, raising two claims that had previously been rejected and two additional claims. The District Court issued a detailed opinion in which it refused to grant the writ or to stay Williams’ execution. Williams v. King, 573 F. Supp. 525 (1983). Because it believed Wil[48]*48liams’ contentions to be “frivolous and without merit,” the District Court also denied his request for a certificate of probable cause, which, under 28 U. S. C. §2253, is a prerequisite to an appeal. The Fifth Circuit granted a certificate of probable cause and affirmed the judgment of the District Court, but nevertheless issued a stay. The court reviewed Williams’ claims and “expressly [found] that each is without merit.” Williams v. King, 719 F. 2d 730, 733 (1983). In light of recent actions by this Court, however, the Court of Appeals concluded with respect to Williams’ “proportionality” claim that “a complete review of the law on this matter may be anticipated. With a person’s life at stake, we must await that review or further directions from the Supreme Court.” Ibid.

II

Just last Term, we made clear that we would not automatically grant stays of execution in cases where the Court of Appeals had denied a writ of habeas corpus. Barefoot v. Estelle, 463 U. S. 880, 895 (1983). A stay application addressed to a Circuit Justice or to the Court will be granted only if there exists “ ‘a reasonable probability that four members of the Court would consider the underlying issue sufficiently meritorious for the grant of certiorari or the notation of probable jurisdiction.’” White v. Florida, 458 U. S. 1301, 1302 (1982) (Powell, J., in chambers) (quoting Times-Picayune Publishing Corp. v. Schulingkamp, 419 U. S. 1301, 1305 (1974) (Powell, J., in chambers)). We perceive no reason to apply a different standard in determining whether a stay granted by a Court of Appeals pending disposition of a petition for certiorari to this Court should continue in effect.

The grounds on which Williams would request certiorari are amply evident from his opposition to the motion to vacate the stay, his voluminous filings in the lower courts, and the opinions and proceedings in the District Court and Court of Appeals. None of these claims warrant certiorari and plenary consideration in this case. Accordingly, we conclude [49]*49that the stay, which the Court of Appeals apparently granted in view of the possibility that we would disagree with its analysis of the constitutional issues raised by Williams, should be vacated.

Williams’ claims may be summarized briefly. He argues, first, that the Louisiana Supreme Court reviewed the proportionality of his death sentence on a districtwide rather than a statewide basis, and that such review does not adequately ensure that his death sentence has been imposed in a rational and nonarbitrary manner. Second, the prosecutor’s closing argument allegedly prejudiced the jury against Williams and elicited a decision based on passion rather than reason. Third, the trial court’s instruction on lesser offenses, given despite the absence of evidence warranting such an instruction, is claimed to have violated the rule established in Hopper v. Evans, 456 U. S. 605 (1982), and to have denied Williams due process. Fourth, the exclusion for cause of three veniremen who opposed the death penalty at the guilt-innocence phase of Williams’ trial, although proper under Witherspoon v. Illinois, 391 U. S. 510 (1968), allegedly deprived Williams of a jury representative of a fair cross-section of the community.

Williams’ second, third, and fourth contentions warrant little discussion. As Williams made clear in his second petition for state habeas corpus, he challenged the prosecutor’s closing argument, either directly or indirectly, in his first state habeas proceeding. The Louisiana Supreme Court ultimately rejected his challenge, although two justices indicated that the prosecutor’s statements raised a substantial question and one concluded that the statements constituted reversible error. State ex rel. Williams v. Blackburn, 396 So. 2d 1249 (1981). Williams’ failure to raise this claim in his first federal habeas proceeding is inexcusable, but the District Court nevertheless gave it full consideration in the second federal habeas proceeding. Applying the standard established in Donnelly v. DeChristoforo, 416 U. S. 637 (1974), the District [50]*50Court examined the prosecutor’s closing argument at length and concluded that it did not render Williams’ trial fundamentally unfair.

The trial court’s instruction on lesser offenses was clearly proper under state law, and the District Court’s review of the record led it to conclude that the evidence fully justified the trial court’s charge.

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Bluebook (online)
464 U.S. 46, 104 S. Ct. 311, 78 L. Ed. 2d 43, 1983 U.S. LEXIS 10, 52 U.S.L.W. 3363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maggio-v-williams-scotus-1983.