Evans v. Bennett
440 U.S. 1301 (1979)

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U.S. Supreme Court

Evans v. Bennett, 440 U.S. 1301 (1979)

Evans v. Bennett

No. A-868

Decided April 5, 1979

440 U.S. 1301

Syllabus

A mother's application for stay of her condemned murderer son's execution scheduled by the Alabama Supreme Court for April , 1979, based on the son's alleged incompetency, is granted, pending further consideration by the Circuit Justice, or by the full Court if the application is referred thereto by the Circuit Justice, of submissions of a response to the application by respondent Commissioner of the Alabama Correctional System and an explanation by applicant's counsel as to why applicant had waited until April 2 to seek habeas corpus relief in Federal District Court.

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