Gilmore v. Armontrout
Headline: Court allowed Missouri to lift a temporary delay on a death-row inmate’s execution, clearing the way for the state to proceed with a scheduled execution despite a pending request asking the Court to reconsider.
Holding: The Court granted Missouri’s motion and vacated the stay of execution, allowing the state to proceed with the death sentence despite the inmate’s pending petition asking the Court to reconsider.
- Allows Missouri to proceed with the inmate’s scheduled execution.
- Prevents further Supreme Court consideration under the usual 25-day rehearing window.
- Limits time for counsel to develop detailed rehearing arguments.
Summary
Background
A man on death row, George Gilmore, had won relief from a federal trial court under a habeas statute, but the Court of Appeals reversed that relief. The Supreme Court denied review on June 12, 1989. The Chief Justice of the Missouri Supreme Court then set Gilmore’s execution for 12:01 a.m. on June 21, 1989. Justice Blackmun issued a brief stay on June 16 to allow a timely petition asking the Court to reconsider. The State of Missouri moved that same day to vacate the stay, and the Court granted the State’s motion.
Reasoning
The immediate question was whether to keep the short delay so the inmate could file a rehearing request in the usual time. The opinion text records only that the Court granted Missouri’s motion to vacate the stay. A dissenting Justice explained his view that the Court’s usual 25-day rule lets counsel develop fuller arguments, and that nine days was not enough time to meet the special pleading limits for rehearing. The dissent emphasized that the District Court had found the inmate’s claims were substantial enough to grant relief initially.
Real world impact
As a practical matter, the Court’s action removes the temporary delay that had allowed more time to prepare a rehearing petition, and it permits the execution scheduled for June 21 to go forward. The dissent warned that the decision prevents the Court from seeing arguments that might have been developed during the full 25-day period normally allowed. The order is a procedural decision about the stay, not a full merits ruling on all legal claims.
Dissents or concurrances
Justice Blackmun dissented at length, joined by Justices Stevens, Brennan, and Marshall, arguing the stay should remain so the rehearing petition could be properly prepared and considered.
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