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- SUPREME COURT OF THE UNITED STATES
- --------
- No. 93-8542 (A-817)
- --------
- WILLIAM HENRY HANCE v. WALTER
- ZANT, WARDEN
- on application for stay and petition for writ
- of certiorari
-
- [March 31, 1994]
-
- The application for stay of execution of sentence of
- death presented to Justice Kennedy and by him
- referred to the Court is denied. The petition for writ of
- certiorari is denied. The order heretofore entered by
- Justice Kennedy is vacated.
- Justice Blackmun, dissenting.
- Even if I had not reached the conclusion that the
- death penalty cannot be imposed fairly within the
- constraints of our Constitution, see my dissent in Callins
- v. Collins, 510 U. S. ___, ___ (1994), I could not support
- its imposition in this case. There is substantial evidence
- that William Henry Hance is mentally retarded as well
- as mentally ill. There is reason to believe that his trial
- and sentencing proceedings were infected with racial
- prejudice. One of his sentencers has come forward to
- say that she did not vote for the death penalty because
- of his mental impairments. And Mr. Hance has raised
- a colorable claim that the trial court's refusal to answer
- his jurors' questions about sentencing options should be
- held and considered in light of the forthcoming decision
- in Simmons v. South Carolina, No. 92-9059, pending
- before this Court. Accordingly, I would grant the
- application for a stay, grant the petition for writ of
- certiorari and vacate the death sentence in this case.
- Justice Stevens and Justice Ginsburg would grant
- the application for stay of execution.
-