465 U.S. 1041 (1984)

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U.S. Supreme Court

TEXAS v. MEAD , 465 U.S. 1041 (1984)

465 U.S. 1041

TEXAS v. Jimmy Lloyd MEAD
No. 83-791 Supreme Court of the United States February 21, 1984

On petition for writ of certiorari to the Court of Criminal Appeals of Texas.

The motion of respondent for leave to proceed in forma pauperis is granted.

The petition for writ of certiorari is denied.

Justice STEVENS, respecting the denial of certiorari.

The question that Justice REHNQUIST now believes merits review-the proper standard of review concerning a Witherspoon ruling-was extensively analyzed by the Court of Appeals and presented in the petition for certiorari in O'Brien v. Estelle, 714 F.2d 365 (CA5 1983), cert. denied sub nom., O'Brien v. McKaskle, ___ U.S. ___, 78 L.Ed.2d ___ (1984).1 That question is not, however, presented by the State of Texas in its certiorari petition in this case. [Footnote 2]

Page 465 U.S. 1041 , 1042

Since the question Justice REHNQUIST has discussed at such length "was neither presented to the [Texas] court[ ] nor presented to this Court in the petition for certiorari," Eddings v. Oklahoma, 455 U.S. 104, 120, 879 (1982) (BURGER, C.J., joined by WHITE, BLACKMUN, and REHNQUIST, JJ., dissenting),3 and since Jus- [465 U.S. 1041 , 1043]

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