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WHITMORE v. ARKANSAS

No. 88-7146.

495 U.S. 149 (1990)

110 S.Ct. 1717

109 L.Ed.2d 135

WHITMORE, INDIVIDUALLY AND AS NEXT FRIEND OF SIMMONS v. ARKANSAS ET AL.

Supreme Court of United States.

Decided April 24, 1990

Attorney(s) appearing for the Case

Arthur L. Allen, by appointment of the Court, 493 U.S. 804, argued the cause and filed a brief for petitioner.

J. Steven Clark, Attorney General of Arkansas, argued the cause for respondents. With him on the brief for respondent State of Arkansas was Clint Miller, Assistant Attorney General. John Harris filed a brief for respondent Simmons.*

William Webster, Attorney General of Missouri, John M. Morris and Stephen D. Hawke, Assistant Attorneys General, Don Siegelman, Attorney General of Alabama, Jim Jones, Attorney General of Idaho, Hal Stratton, Attorney General of New Mexico, Anthony J. Celebrezze, Jr., Attorney General of Ohio, T. Travis Medlock, Attorney General of South Carolina, and Mary Sue Terry, Attorney General of Virginia, filed a brief for the State of Missouri et al. as amici curiae.

CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

This case presents the question whether a third party has standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal to the State Supreme Court. Petitioner Jonas Whitmore contends that the Eighth and Fourteenth Amendments prevent the State of Arkansas from carrying out the death sentence imposed on Ronald Gene Simmons without first conducting...

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