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BAREFOOT v. ESTELLE

No. 82-6080.

463 U.S. 880 (1983)

BAREFOOT v. ESTELLE, DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS

Supreme Court of United States.

Decided July 6, 1983

Attorney(s) appearing for the Case

Will Gray argued the cause for petitioner. With him on the briefs was Carolyn Garcia.

Jack Greenberg argued the cause for the NAACP Legal Defense and Educational Fund, Inc., as amicus curiae urging reversal. With him on the brief were James M. Nabrit III, Joel Berger, John Charles Boger, Deborah Fins, James S. Liebman, and Anthony G. Amsterdam.

Douglas M. Becker, Assistant Attorney General of Texas, argued the cause for respondent. With him on the brief were Jim Mattox, Attorney General, and David R. Richards, Executive Assistant Attorney General.*

Daniel J. Popeo, Paul D. Kamenar, and Nicholas E. Calio filed a brief for the Washington Legal Foundation as amicus curiae urging affirmance.

Briefs of amici curiae were filed by Morris Harrell, Marna S. Tucker, and E. Barrett Prettyman, Jr., for the American Bar Association; by Gerald H. Goldstein, Maury Maverick, and Burt Neuborne for the Texas Civil Liberties Union et al.; and by Jim Smith, Attorney General of Florida, and Charles Corces, Jr., Assistant Attorney General, for the State of Florida et al.

JUSTICE WHITE delivered the opinion of the Court.

We have two questions before us in this case: whether the District Court erred on the merits in rejecting the petition for habeas corpus filed by petitioner, and whether the Court of Appeals for the Fifth Circuit correctly denied a stay of execution of the death penalty pending appeal of the District Court's judgment.

I

On November 14, 1978, petitioner was convicted of the capital murder of a police...

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