DocketNumber: A-980
Judges: Powell, Brennan, Marshall, Rehnquist, State'S, White, Blackmun, Stevens
Filed Date: 5/31/1984
Status: Precedential
Modified Date: 10/19/2024
concurring.
On May 30, 1984, the Court of Appeals for the Eleventh Circuit, reversing the judgment of the District Court, granted respondent Ford a stay of execution of the sentence of death set for no later than noon on Friday, June 1, 1984. Ford v. Strickland, 734 F. 2d 538. The Court of Appeals granted the stay on two separate grounds. First, it stated that Ford’s claim that he is entitled under the Eighth and Fourteenth Amendments to a procedural due process hearing to determine whether he is currently insane (the “competency claim”) raises substantial issues that warrant review. Second, the Court of Appeals held that Ford’s claim that Florida administers the death penalty in a discriminatory manner on the basis of race and other impermissible factors (the “discrimination claim”) should be held pending en banc consideration by the Eleventh Circuit of Spencer v. Zant, 715 F. 2d 1562, vacated for rehearing en banc, 715 F. 2d 1583 (1983).
I
The Court of Appeals found that Ford’s claim of entitlement to a due process hearing on competency to be executed did not constitute an abuse of the writ of habeas corpus, and held that the District Court had erred in holding to the contrary. On the merits, the Court of Appeals stated that this claim “raises substantial procedural and substantive Eighth and Fourteenth Amendment grounds” that warrant review of Ford’s federal habeas petition. The Court of Appeals reviewed the relevant record. In view of its findings, I cannot say in this case that the court abused its discretion in staying Ford’s execution on this issue.
II
The Court of Appeals also held that a stay of execution should be granted so that Ford’s discrimination claim could be held pend
Justice Stevens, having joined in Part I above, is of the view that it is unnecessary to consider the discrimination claim presented in Part II.
This Court has never determined whether the Constitution prohibits execution of a criminal defendant who currently is insane, and I imply no view as to the merits of this issue.