Smith v. United States

116 L. Ed. 2d 758, 112 S. Ct. 667, 502 U.S. 1017, 1991 U.S. LEXIS 7181, 60 U.S.L.W. 3434, 91 Daily Journal DAR 15425, 34 Fed. R. Serv. 30

Opinions

C. A. 4th Cir. Certiorari denied.

Justice Thomas took no part in the consideration or decision of this petition.

Opinion of

Justice Stevens,

respecting the denial of the petition for writ of certiorari.

For the reasons stated in Justice Blackmun’s dissenting opinion, there is no escape from the conclusion that the Court of Appeals committed error in this case. I write only to note that I find it difficult to articulate an acceptable theory of discretionary review that would explain both the Court’s denial of certiorari in this case and its summary reversal in Mireles v. Waco, ante, p. 9 (per curiam), and Hunter v. Bryant, ante, p. 224 (per curiam).