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CALDERON v. THOMPSON

No. 97-215.

523 U.S. 538 (1998)

CALDERON v. THOMPSON

United States Supreme Court.

Decided April 29, 1998.

Attorney(s) appearing for the Case

Holly D. Wilkens, Supervising Deputy Attorney General of California, argued the cause for petitioner. With her on the briefs were Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Dane R. Gillette, Senior Assistant Attorney General, and Pamela A. Ratner, Supervising Deputy Attorney General.

Gregory A. Long argued the cause for respondent. With him on the brief were Quin Denvir and Andrew S. Love, by appointment of the Court, 522 U.S. 1014.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, and Thomas, JJ., joined. Souter, J., filed a dissenting opinion, in which Stevens, Ginsburg, and Breyer, JJ., joined, p. 566.

Justice Kennedy, delivered the opinion of the Court.

Thomas M. Thompson was convicted in California state court of the rape and murder of Ginger Fleischli. More than 15 years after the crime, 13 years after Thompson's conviction, and 7 years after Thompson filed his first petition for federal habeas relief, the United States Court of Appeals for the Ninth Circuit issued its mandate denying the writ of habeas corpus. Two days before Thompson's scheduled execution,...

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