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- SUPREME COURT OF THE UNITED STATES
- --------
- No. A-69
- --------
- PAUL DELO, SUPERINTENDENT, POTOSI CORREC-
- TIONAL CENTER v. WALTER J. BLAIR
- on application to vacate stay of execution
- July 21, 1993
-
- Per Curiam.
- Applying the prevailing legal standard, it is -particularly
- egregious- to enter a stay on second or subsequent habeas
- petitions unless -there are substantial grounds upon which
- relief might be granted.- Herrera v. Collins, ___ U. S.
- ___, ___ (1993) (slip op., at 8) (internal quotations omitted)
- (O'Connor, J., concurring, joined by Kennedy, J.). No
- substantial grounds were presented in the present case.
- The District Court stated that the -facts in Herrera mirror
- those in the present case.- Blair v. Delo,
- No. 93-0674-CV-5 (W.D. Mo. July 19, 1993). This assess-
- ment was not even questioned by the Court of Appeals,
- and is obviously correct. There is therefore no conceivable
- need for the Court of Appeals to engage in -more detailed
- study- over the next five weeks to resolve this claim. See
- Blair v. Delo, No. 93-2824 (CA8 July 20, 1993).
- It is an abuse of discretion for a federal court to inter-
- fere with the orderly process of a state's criminal justice
- system in a case raising claims that are for all relevant
- purposes indistinguishable from those we recently rejected
- in Herrera. Accordingly, the Court of Appeals' stay must
- be vacated.
- Justice Blackmun, with whom Justice Stevens joins,
- dissenting.
- The Court errs twice in granting the State's application
- to vacate the Court of Appeals' stay of execution. First,
- it errs by affording insufficient deference to the Court of
- Appeals' decision. Second, it errs by letting stand the
- District Court's decision, which was itself erroneous.
-
- I
- -The standard under which we consider motions to
- vacate stays of execution is deferential, and properly so.
- Only when the lower courts have clearly abused their
- discretion in granting a stay should we take the extraordi-
- nary step of overturning such a decision.- Dugger v.
- Johnson, 485 U. S. 945, 947 (1988) (O'Connor, J., joined
- by Rehnquist, C.J., dissenting). Accord Barefoot v.
- Estelle, 463 U. S. 880, 896 (1983); Wainwright v.
- Spenkelink, 442 U. S. 901, 905 (1979) (Rehnquist, J.,
- dissenting). In this case, the Court of Appeals granted a
- temporary stay of execution to allow it time properly to
- consider Blair's appeal. In my view, its decision to do so
- does not constitute an abuse of discretion.
- The State likens this case to Delo v. Stokes, 495 U. S.
- 320 (1990), in which this Court vacated a stay of execu-
- tion because the prisoner's habeas petition -clearly consti-
- tute[d] an abuse of the writ.- Id., at 321. Although the
- habeas petition currently before the Court of Appeals is
- Blair's third, the abuse of the writ doctrine cannot serve
- as the basis for vacating this stay. Blair's principal
- contention in his federal habeas petition is that he is
- actually innocent, and this Court has recognized an
- exception to the abuse of the writ doctrine where a habeas
- petitioner can show that he probably is innocent. See
- McCleskey v. Zant, 499 U. S. ___, ___ (1991) (slip op.
- 25-26).
- II
- The Court's second error is that it lets stand the
- District Court's decision denying Blair's claim without an
- evidentiary hearing. In Herrera v. Collins, 506 U. S. ___,
- ___ (1993), this Court assumed -that in a capital case a
- truly persuasive demonstration of `actual innocence' made
- after trial would render the execution of a defendant
- unconstitutional, and warrant federal habeas relief if there
- were no state avenue open to process such a claim.- Id.,
- at ___ (slip op., at 26). The Court provided little guidance
- about what sort of showing would be -truly persuasive.-
- Yet despite the uncertain contours of this constitutional
- right, federal courts have an obligation to treat actual-
- innocence claims just as they would any other constitu-
- tional claim brought pursuant to 28 U. S. C. 2254. The
- rules governing federal habeas, not addressed by the
- Herrera majority, provide that -[a] district court may
- summarily dismiss a habeas petition only if `it plainly
- appears from the face of the petition and any exhibits
- annexed to it that the petitioner is not entitled to relief.'
- 28 U. S. C. 2254 Rule 4.- 506 U. S., at ___ (slip op.,
- at 17) (dissenting opinion). -If . . . the petition raises
- factual questions and the State has failed to provide a full
- and fair hearing, the district court is required to hold an
- evidentiary hearing.- Id., at ___ (slip op., at 13) (empha-
- sis added), citing Townsend v. Sain, 372 U. S. 293, 313
- (1963).
- In this case, Blair has submitted seven affidavits
- tending to show that he is innocent of the crime for which
- he has been sentenced to death. The State does not
- dispute that no state court remains open to hear Blair's
- claim. Because Blair's affidavits raise factual questions
- that cannot be dismissed summarily, the District Court
- erred in denying petitioner's claim without an evidentiary
- hearing.
- Justice Souter would deny the application to vacate
- the stay.
-