STEWART v. MARTINEZ-VILLAREAL

No. 97-300.

523 U.S. 637 (1998)

STEWART, DIRECTOR, ARIZONA DEPARTMENT OF CORRECTION, et al. v. MARTINEZ-VILLAREAL

United States Supreme Court.

Decided May 18, 1998.


Attorney(s) appearing for the Case

Bruce M. Ferg, Assistant Attorney General of Arizona, argued the cause for petitioners. With him on the briefs were Grant Woods, Attorney General, pro se, and Paul J. McMurdie.

Denise I. Young argued the cause for respondent. With her on the brief were Paul Bender, Sean D. O'Brien, Fredric F. Kay, and Dale A. Baich.*

Rehnquist, C. J., delivered the opinion of the Court, in which Stevens, O'Connor, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined, p. 646. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined, p. 648.


Chief Justice Rehnquist delivered the opinion of the Court.

In Ford v. Wainwright, 477 U.S. 399, 410 (1986), we held that "the Eighth Amendment prohibits a State from inflicting the penalty of death upon a prisoner who is insane." In this case, we must decide whether respondent MartinezVillareal's Ford claim is subject to the restrictions on "second or successive" applications for federal habeas relief found in...

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