Gilmore v. Armontrout

Background

George Gilmore, a death-row inmate, had earlier received relief from a federal district court under 28 U.S.C. §2254, which the Eighth Circuit later reversed. On June 12, 1989, this Court denied Gilmore’s petition for review. The Chief Justice of the Missouri Supreme Court then set Gilmore’s execution for 12:01 a.m. on June 21, 1989. On June 16, Justice Blackmun issued a short stay to allow Gilmore time to file a rehearing petition with this Court.

Reasoning

The Court faced whether to keep that short stay in place so Gilmore could seek rehearing. The full Court granted the State of Missouri’s motion to vacate the stay, allowing the execution schedule to stand. The published order does not provide the majority’s detailed reasoning. Justice Blackmun explained why he had granted the stay, emphasizing that the Court’s rules normally allow 25 days to file rehearing papers and that nine days was insufficient for counsel to prepare the detailed petition this Court requires.

Real world impact

As a practical result, Missouri may proceed with the scheduled execution unless another court acts. The ruling cuts short the extra time Justice Blackmun tried to secure for Gilmore to develop rehearing arguments. Because this is an order about a stay rather than a full merits decision, the ultimate legal issues could still be revisited, but immediate execution timing is affected.

Dissents or concurrances

Justice Blackmun dissented from the vacatur, arguing the stay was needed to protect meaningful review under the Court’s time rules; Justice Stevens, joined by Justices Brennan and Marshall, also would have denied the motion to vacate.