SELVAGE V. COLLINS, 494 U. S. 108 (1990)

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U.S. Supreme Court

Selvage v. Collins, 494 U.S. 108 (1990)

Selvage v. Collins

No. 87-6700

Argued January 17, 1990

Decided Feb. 21, 1990

494 U.S. 108


Petitioner Selvage filed a petition for a writ of certiorari to review a Court of Appeals' decision refusing to grant a stay of execution. This Court stayed the execution and withheld disposition of the petition pending the decision in Penry v. Lynaugh, 492 U. S. 302. Following that decision, certiorari was granted to answer the question whether, at the time of trial, there was cause for not raising a claim based upon arguments later accepted in Penry v. Lynaugh, supra, and, if not, whether the application of a procedural bar to the claim would result in a fundamental miscarriage of justice.

Held: The case is remanded for a determination whether Selvage's Penry claim is presently procedurally barred under Texas law. The Director of the Texas Department of Criminal Justice disputes his argument that his Penry claim would no longer be deemed procedurally barred by the Texas Court of Criminal Appeals. However, since Penry was handed down after his petition for certiorari was filed, and may have affected the state court's view on whether the claim is presently barred, this issue should be decided by the Court of Appeals before the question on which certiorari was granted is addressed.

842 F.2d 89 vacated and remanded.

Page 494 U. S. 109

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