Skip to main content

EVANS v. BENNETT, 440 U.S. 987 (1979)

United States Supreme Court


No. A-868

Decided: April 13, 1979

Application for stay of execution, presented to Mr. Justice REHNQUIST and by him referred to the Court, denied.

Mr. Justice BRENNAN, concurring:

It should be noted that the applicant has filed a letter with the Clerk of the Court stating in part:

    "1. On April 11, 1979, John Louis Evans, applicant's son, signed and verified a petition for writ of habeas corpus and stay of execution for filing with the United States District Court for the Southern District of Alabama.

2. Also, on April 11, 1979, that verified petition was mailed for filing to the clerk of that court.

3. As of April 11, 1979, the Alabama Supreme Court had not yet set a new execution date for John Louis Evans.

The above stated facts may make it unnecessary for the Court to rule on her application for a stay at its conference on Friday, April 13. Should the District Court grant her son's application for a stay of execution, the application for a stay before this Court would become moot. Applicant is aware that the temporary stay granted in this action expires at 5:00 p. m. on April 13, 1979. No harm will come to applicant by the expiration of the temporary stay since the Alabama Supreme Court has not yet set a new execution date for her son and, until such date is set, her son cannot be executed."

In view of the foregoing, it is apparent that there is now no need to grant the application.

Mr. Justice POWELL took no part in the consideration or decision of this application.[ Evans v. Bennett 440 U.S. 987 (1979) ]

Was this helpful?

Thank you. Your response has been sent.

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law
EVANS v. BENNETT, 440 U.S. 987 (1979)

Citation: 440 U.S. 987

Docket No: No. A-868

Decided: April 13, 1979

Court: United States Supreme Court

Get a profile on the #1 online legal directory

Harness the power of our directory with your own profile. Select the button below to sign up.

Sign up

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Learn more about the law
Copied to clipboard