Grubbs v. Delo

Background

An application for a stay of execution reached Justice Blackmun, acting as Circuit Justice, at about 11 p.m. on Tuesday, October 20, 1992. The execution by the State of Missouri was set for 1 a.m. the next morning. Earlier that day, a federal district judge, Judge Carol Jackson, had granted a stay, but an Eighth Circuit panel later vacated that stay by a 2-to-1 vote, with Judge Bright dissenting. The full Court of Appeals then denied rehearing en banc 9 to 1 and denied a motion for a stay; the judges below were apparently divided 9 to 3.

Reasoning

Justice Blackmun said there was not enough time that night to consider the merits of the stay application adequately. He noted the State relied on its brief filed in the Court of Appeals. Faced with an execution that would be irrevocable in two hours, he explained he would err on the side of the applicant. For that reason, he granted a stay of execution pending further order by him as Circuit Justice or by the full Court, temporarily blocking the scheduled execution to allow more time for review.

Real world impact

The immediate effect is to halt the scheduled execution and give the person facing death additional time to pursue legal review. The order also highlights a sharp division among lower-court judges over the question and shows a single Justice can grant emergency relief when time is extremely limited. The stay is temporary and the ultimate outcome may change after further consideration by the Circuit Justice or the full Court.