3 - Voice For The Defense Online

several substantial federal constitutional questions, including death sentence [, scheduledfor after sunrise an
the EoUowhg: , 19-,] pending a final disposition in this Court of
[BRIEFLY SUMMARlZE THE STRONGEST CONSTITU- his petition for a writ of certiorari. In support of this appka-
TIONAL ISSUES RAISED ON APPEAL] . tin, petiboner respectfully shows:
1. At a jury trial in the Judicial Dittict Court in
v, and fox County, Texas, petitioner was convictedof
Unless a stay is grated, the mandate of this Court will issue, capital murder; affirmative fiidings were returned regarding th6
an execution date will be set, and Appellant will be subject to Sped Is9ues determative of sentence in Texas capital cases;
execution without having the opportunity to present to the and a judgment was entered fixing his punishment at death.
Supreme Court of the United States the substantial constitu- 2. By opinion dated , 19-, [repartedat
tional questions set hrth above. S.W.2dandI mexed hereto as Appendix A, petitioner's
WHEREFORE, the Appellant prays the issmnce of the ma- conviction and sentence were affirmed by the Court of Crhnidate
in this cause be stayed pending the fhg and determination ml Appeals of Texas.
of timely petition for a writ of certiorari in the Supreme Court 3. Petitioner's motion for leave to ffie ea motion for reheatof
the United States, or, in the alternative, for a period of thirty ing was denied [without written order] by the Court of Crimi-
(301 days. nal Appeals of Texas on , 19-. [If there was a
Respectfully submitted, written order, attach a copy as Appendix B. If not, attach as
Appendix B acopy ofthepostcardnotifying you of denial of the
motion.]
4. On 19-, petitioner filed amotion in the
Court of Criminal Appeals requesting the court to stay issuance
of tts mandate pending f& disposition of his petitton to this
Court for a writ of certiorari. Qn .19-, the Court
of Crhiaal Appeals [denied the motion] [denied the motion,
APPLICATION TO JUSTICE WHITE FOR A and instead granted only a 30 day stay of issuance of the man-
' STAY OF PENDmG THE AND date] . A copy of the court% [order] [postcard notification to
DETERMINAT1ON OF A TIMELY counsel of this disposition] is annexed as Appandix-.
usually the court of criminal ~~~l~ deElines to stay issu- 5. Absent the granting of a stay of execution by this Court,
ance of the mandate pending the filing and determination of a petitioner be br@f the Judl~ial District
timely certio~ari petition, but does stay issuance of the mandate
Court m and for County, Texas, and an execution
for 30 days to allow time for to Justiw white for a date be set [upon e-apiration of the 30 day stay granted by
length& sttxy. If the Court of Criminal Appeals orders only a the to
30-day stay, or if it declines to order any stay at all, the next '. The Opinion the Court Of Criminal kpfials affi*iog
step to fie M3 appucation with J~~~~~~ me ils as
possible.
A.
IN TAE SUPREME COURT OF TIIE UNITED STATES
October Term, 19-
V.
THE STATE OF TEXAS,
Petitioner,
Respondent. .
APPLICATXON FOR STAY OF EXECUTION
petitioner's conviction and sentence raises federal constitutional
claims as to which review in this Court will be sought, including
[BRIEFLY SUMMARIZE THE STRONGEST CONSTITU.
TIONAL ISSUBS RAISED ON APPEAL].
7. Petitioner is presently in the custody of the Warden of
the Ellis Unit of the Texas Department of Corrections, Hunts.
ville, Texm. A stay of execution would neither prejudice the
Sfate of Texas nor interfere with petitioner's custodial status,
but is necessary to assure that petitioner isnot executed before
this Court tag hear and determine the issues to be raised in his
petition for a writ of certiorari.
WHEREFORE, petitioner respectfully requests an order staying
his axecutim pending further order of this Court.
Respectfiully submitted,
To the Honorable Byron R. White, Associate Justice of the
Supreme Court of the United States and Cirmit Jwttce for the
Fifth Circuit:
Petitioner prays that an order be entered,
A ~ TO JUSTICE ~ WHITE FOR ~ AN EXmSIo~ ~
OF TIME IN WHICH TO FILE A CERTIORARI PETITION
A
pursuant to 28 U.S.C. §2lOl(r), staying the exmution of his Under Rule 20.1 of the Rules of the Supreme Court of the
6 VOICE for the Defense/FeYlyuary 1984