TATE V. ROSE, 466 U. S. 1301 (1984)

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U.S. Supreme Court

Tate v. Rose, 466 U.S. 1301 (1984)

Tate v. Rose

No. A-935 (83-1747)

Decided May 19, 1984

466 U.S. 1301


An application to stay the Court of Appeals' judgment affirming the District Court's grant of habeas corpus relief to respondent Ohio prisoner -- who was convicted of murder in 1979 and who, under the Court of Appeals' ruling, is entitled to a new trial and to release pending retrial -- is granted pending disposition of applicant's petition for a writ of certiorari. Petitioner concedes that certain statements made by respondent to a police officer and introduced at respondent's trial were elicited in violation of Edwards v. Arizona, 451 U. S. 477, which was decided after respondent's conviction but before it became final. The Court of Appeals concluded that Edwards should be applied retroactively to respondent's case. Because petitioner's petition presents an open question, and because this Court's subsequent decision in Solem v. Stumes, 465 U. S. 638, makes highly doubtful the correctness of the Court of Appeals' decision, it is likely that four Justices will vote to grant certiorari. This Court will likely either reverse the Court of Appeals' judgment or vacate the judgment and remand the case for reconsideration in light of Solem. Finally, the "stay equities" balance in applicant's favor.

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