Opinion · Supreme Court of the United States

Whitlow v. Hodges

429 U.S. 1029

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1976-12-13
Topic
general

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 | taking of blood and urine samples together implicates Fourth Amendment concerns | 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 | 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 | bus drivers tested after serious accident or when suspected of using drugs | statute providing for tuition grants to students at approved public and private colleges not violative of state constitutional proscription against appropriation to help support private school controlled by sectarian denomination | challenge to blood and urine tests administered by the Chicago Transit Authority | nuclear power plant employees who were observed using drugs outside work | 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 | upholding Chicago Transit Authority’s comparable tests for drugs and alcohol | bus drivers after serious accident or when suspected of using drugs | "probable cause" exists for post-accident and suspicion-based testing | FBI agent suspected of drug use | “probable cause” exists for post-accident and suspicion-based testing | bus drivers and other transportation workers | bus drivers and other transportation workers | bus drivers following serious accident | failure to prove mental illness | bus drivers and other transportation workers | involving bus and train operators | denying rehearing; Gilmore subsequently executed | denying rehearing; Gilmore subsequently executed | failure to prove mental illness | direct appeal of his conviction

Citator

Cited by
122 opinions

C. A. 6th Cir. Certiorari denied.

Mr. Justice. Brennan and Mr. Justice Marshall would grant certiorari.