U.S. Supreme Court
Cole v. Texas, 499 U.S. 1301 (1991)
Cole v. Texas
Decided March 18, 1991
499 U.S. 1301
ON APPLICATION FOR STAY OF EXECUTION OF SENTENCE OF DEATH
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.