Pinkerton v. McCotter
Headline: Court grants temporary stay that pauses a scheduled execution while it considers whether to review the death-penalty case, delaying the execution and extending judicial review.
Holding: The Court granted a temporary stay of a scheduled execution while it decides whether to review the case, with the pause ending if review is refused and continuing if review is granted.
- Pauses the scheduled execution and delays carrying out the death sentence.
- Keeps the case alive while the Supreme Court decides whether to review it.
- If review is denied, the pause ends automatically; if granted, delay continues.
Summary
Background
A person sentenced to death faced an execution scheduled for Thursday, August 15, 1985. An application to pause that execution was presented to Justice White and referred to the full Court for immediate action. Justice Rehnquist did not take part in deciding the request.
Reasoning
The Court granted a temporary stay of the execution while it decides what to do about a request for the Supreme Court to review the case (a request to take the case for full review). The stay will end automatically if the Court refuses that review request. If the Court agrees to review the case, the pause will continue until the Court’s judgment is formally sent down. The opinion notes that the Chief Justice and Justice White would have denied the request, showing there was not complete agreement among the Justices.
Real world impact
Practically, the order stops the scheduled execution for now and gives the individual more time while the Court considers whether to hear the case. This is a procedural, temporary measure and not a final decision on the person’s guilt or sentence. Because the stay depends on whether the Court accepts review, the delay could end quickly or continue until the Court completes further proceedings.
Dissents or concurrances
Justice Powell wrote a short separate note saying he would normally deny the request but voted to grant the stay because it was unclear how absent Justices would vote and there was not enough time to clarify their positions.
Opinions in this case:
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