COLE V. TEXAS, 499 U. S. 1301 (1991)
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U.S. Supreme Court
Cole v. Texas, 499 U.S. 1301 (1991)
Cole v. Texas
No. A-704
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.