Autry v. Estelle, 464 U.S. 1 (1983)

ON APPLICATION FOR STAY

Syllabus

After applicant’s murder conviction and death sentence were affirmed by the Texas Court of Criminal Appeals, and his habeas corpus petition in the state system was denied, he filed for habeas corpus in Federal District Court, presenting some of the same claims that had been unavailing in the state system. The District Court denied the writ, and the United States Court of Appeals affirmed. Applicant then sought a stay of his sentence from the Circuit Justice, who referred the application to the Court.

Held: The application for stay is denied where fewer than four Justices would grant certiorari. And this Court will not adopt a rule calling for an automatic stay, regardless of the merits presented, where the applicant is seeking review of the denial of his first federal habeas corpus petition. Here, neither the District Court nor the Court of Appeals found sufficient merit in any of applicant’s claims to warrant setting aside his conviction or sentence, and the Court of Appeals did not find that a stay of applicant’s sentence pending certiorari was warranted.

Application for stay denied.