Netherland v. Tuggle, 517 U.S. 1301 (1996)
OCTOBER TERM, 1995
Syllabus
NETHERLAND, WARDEN v. TUGGLE
ON APPLICATION TO VACATE STAY OF EXECUTION No. A-91O. Decided May 15, 1996
An application to vacate the Fourth Circuit's order staying respondent Tuggle's execution has been filed. However, there is no such stay in effect in this case. Although Tuggle asked the Fourth Circuit both to stay his execution and to stay issuance of its mandate in his case, the court order only stayed the issuance of its mandate.
CHIEF JUSTICE REHNQUIST, Circuit Justice.
Applicant has filed an application to vacate an order of the Court of Appeals for the Fourth Circuit staying the execution of respondent Tuggle. It is my understanding, however, that no such stay of execution is in effect. While Tuggle asked the Court of Appeals both to stay his execution and to stay issuance of its mandate in his case, see Tuggle v. Netherland, 79 F.3d 1386 (1996), the Court of Appeals' order only stayed the issuance of its mandate for a period of 30 days. Hence there is no stay of execution for me to vacate.
Full Text of Opinion
OCTOBER TERM, 1995
Syllabus
NETHERLAND, WARDEN v. TUGGLE
ON APPLICATION TO VACATE STAY OF EXECUTION No. A-91O. Decided May 15, 1996
An application to vacate the Fourth Circuit's order staying respondent Tuggle's execution has been filed. However, there is no such stay in effect in this case. Although Tuggle asked the Fourth Circuit both to stay his execution and to stay issuance of its mandate in his case, the court order only stayed the issuance of its mandate.
CHIEF JUSTICE REHNQUIST, Circuit Justice.
Applicant has filed an application to vacate an order of the Court of Appeals for the Fourth Circuit staying the execution of respondent Tuggle. It is my understanding, however, that no such stay of execution is in effect. While Tuggle asked the Court of Appeals both to stay his execution and to stay issuance of its mandate in his case, see Tuggle v. Netherland, 79 F.3d 1386 (1996), the Court of Appeals' order only stayed the issuance of its mandate for a period of 30 days. Hence there is no stay of execution for me to vacate.
Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship.