Supreme Court of the United States

Emmett v. Kelly

October 1, 2007

Summary

Justice Stevens, joined by Justice Ginsburg, wrote a statement respecting the denial of certiorari. He noted that the timely petition could not be reviewed before the state-set execution date, though a reprieve was granted. He expressed concern about executing prisoners before federal review and suggested a practice of staying executions pending certiorari review for first-time habeas petitioners.