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Skinner v. Switzer

Citations: 176 L. Ed. 2d 411; 2010 U.S. LEXIS 2752; 130 S. Ct. 1948; 559 U.S. 1033; 79 U.S.L.W. 3019Docket: No. 09-9000 (09A743)

Court: Supreme Court of the United States; March 24, 2010; Federal Supreme Court; Federal Appellate Court

Narrative Opinion Summary

The application for a stay of execution of the death sentence has been granted by Justice Scalia, pending the outcome of a petition for a writ of certiorari. If the petition is denied, the stay will automatically terminate. Conversely, if the petition is granted, the stay will end upon the issuance of the Court's judgment.

Legal Issues Addressed

Automatic Termination of Stay upon Certiorari Decision

Application: The stay of execution will automatically terminate if the petition for a writ of certiorari is denied, ensuring that the stay is contingent upon the potential review by the court.

Reasoning: If the petition is denied, the stay will automatically terminate.

Continuation of Stay upon Grant of Certiorari

Application: If the petition for a writ of certiorari is granted, the stay of execution will continue until the Court issues its final judgment, thereby extending the temporary relief from the sentence.

Reasoning: Conversely, if the petition is granted, the stay will end upon the issuance of the Court's judgment.

Stay of Execution Pending Certiorari

Application: The court grants a stay of execution for a death sentence while a petition for a writ of certiorari is pending, providing temporary relief from the sentence until a decision on the petition is made.

Reasoning: The application for a stay of execution of the death sentence has been granted by Justice Scalia, pending the outcome of a petition for a writ of certiorari.