Opinion · Supreme Court of the United States
Gilmore v. Utah
429 U.S. 1012
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1976-12-13
- Topic
- general
How later courts describe this case
- holding that death row petitioner may competently waive further review of his conviction and sentence
- finding that Gary Gilmore had made a knowing and intelligent waiver of any federal rights he might have asserted after a trial court had convicted him
- recognizing, for purposes of stay, next-friend standing of mother on behalf of prisoner
- indicating that a mother had no standing to contest her son’s execution
- terminating a stay of execution by permitting the defendant to waive his right to appeal
- court declines jurisdiction over application for stay of execution filed by Gary Gilmore's mother over his objection
- convicted murderer’s mother could not seek stay of execution where murderer himself knowingly and intelligently waived his right to appeal
- waiver must be made knowingly and intelligently by a defendant competent to make the rational choice to forgo fur ther, and possibly life-saving, litigation
Citator
UpLaw has not yet analyzed Gilmore v. Utah. The absence of a flag is not a finding that it is good law.
- Authority status
- pending
- Cited by
- 198 opinions
On October 7, 1976, Gary Mark Gilmore was convicted of murder and sentenced to death by>a judgment entered after a jury trial in a Utah court. On December 3, 1976 [ante, p. 989], this Court granted an application for a stay of execution of the judgment and sentence, pending the filing here by the State of Utah of a response to the application together with transcripts of various specified hearings in the Utah courts and Board of Pardons,
The State of Utah has now filed its response and has substantially complied with the Court’s request for transcripts of the specified hearings. After carefully examining the materials submitted by the State of Utah, the Court is convinced that Gary Mark Gilmore made a knowing and intelligent waiver of any and all federal rights he might have asserted after the Utah trial court’s sentence was imposed, and, specifically, that the State’s determinations of his competence knowingly and intelligently to waive any and all such rights were firmly grounded.
Accordingly, the stay of execution granted on December 3, 1976, is hereby terminated.