Gilmore v. Utah

holding that death row petitioner may competently waive further review of his conviction and sentence | 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 | 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 | 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 | 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 | 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 | stay of execution terminated because record evidence established "that the State's determinations of his competence knowingly and intelligently to waive any and all such rights [to appeal] were firmly grounded" | convicted murderer's mother could not seek stay of execution where murderer himself knowingly and intelligently waived his right to appeal | miscellaneous order terminating a stay of execution in a factually similar case | majority held defendant knowingly and intelligently waived all federal rights to challenge conviction and did not address standing; Burger, C.J. and Powell, J., concurring, opined that defendant’s mother lacked standing to seek a stay of execution for her son | “The question . . . [of whether] Gilmore is ‘unable’ as a matter of law to waive the right to [meaningful] state appellate review . . . simply is not before us.” | J. Burger, concurring, joined by J. Pow- ell | J. Stevens, concurring, joined by J. Rehn- quist | J. Burger, concur- ring, joined by J. Powell | J. Stevens, concurring, joined by J. Rehnquist | concurring opinion of Burger, C.J. | concurring opinion of Burger, C.J. | failure to prove mental illness | denying rehearing; Gilmore subsequently executed | denying rehearing; Gilmore subsequently executed | failure to prove mental illness