Netherland Vs. Tuggle

Netherland vs Tuggle

Type Court Judgment Court US Supreme Court Decided May-15-1996

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Citation: sooperkanoon.com/107657
Court: US Supreme Court
Decided On: May-15-1996
Case Number: 517 U.S. 1301
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Netherland

Respondent

Tuggle

Excerpt

netherland v. tuggle - 517 u.s. 1301 (1996) october term, 1995 syllabus netherland, warden v. tuggle on application to vacate stay of execution no. a-91o. decided may 15, 1996 an application to vacate the fourth circuit's order staying respondent tuggle's execution has been filed. however, there is no such stay in effect in this case. although tuggle asked the fourth circuit both to stay his execution and to stay issuance of its mandate in his case, the court order only stayed the issuance of its mandate. chief justice rehnquist, circuit justice. applicant has filed an application to vacate an order of the court of appeals for the fourth circuit staying the execution of respondent tuggle. it is my understanding, however, that no such stay of execution is in effect. while tuggle asked the court of appeals both to stay his execution and to stay issuance of its mandate in his case, see tuggle v. netherland, 79 f.3d 1386 (1996), the court of appeals' order only stayed the issuance of its mandate for a period of 30 days. hence there is no stay of execution for me to vacate.

Full Judgment

Netherland v. Tuggle - 517 U.S. 1301 (1996)

OCTOBER TERM, 1995

SYLLABUS

NETHERLAND, WARDEN v. TUGGLE

ON APPLICATION TO VACATE STAY OF EXECUTION No. A-91O. Decided May 15, 1996

An application to vacate the Fourth Circuit's order staying respondent Tuggle's execution has been filed. However, there is no such stay in effect in this case. Although Tuggle asked the Fourth Circuit both to stay his execution and to stay issuance of its mandate in his case, the court order only stayed the issuance of its mandate.

CHIEF JUSTICE REHNQUIST, Circuit Justice.

Applicant has filed an application to vacate an order of the Court of Appeals for the Fourth Circuit staying the execution of respondent Tuggle. It is my understanding, however, that no such stay of execution is in effect. While Tuggle asked the Court of Appeals both to stay his execution and to stay issuance of its mandate in his case, see Tuggle v. Netherland, 79 F.3d 1386 (1996), the Court of Appeals' order only stayed the issuance of its mandate for a period of 30 days. Hence there is no stay of execution for me to vacate.

Same Court & Year US Supreme Court · 1996 Same Parties Netherland vs Tuggle Same Subject Education