Cole v. Texas
Ted Calvin Cole v. Texas
Opinion
Justice Scalia, Circuit Justice.
I have before me an application for a stay of execution pending disposition of a petition for writ of certiorari to the Court of Criminal Appeals of Texas. The petitioner seeks direct review of the judgment of the Texas courts affirming his death sentence.
I will in this case, and in every capital case on direct review, grant a stay of execution pending disposition by this Court of the petition for certiorari. While I will not extend the time for filing a petition beyond an established execution date, see Madden v. Texas, 498 U. S. 1301 (1991) (Scalia, J., in chambers), neither will I permit the State’s execution date to interfere with the orderly processing of a petition on direct review by this Court.
It is so ordered.
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