In Re Application for Petition for Writ of Habeas Corpus by Ross

Supreme Court of Connecticut
In Re Application for Petition for Writ of Habeas Corpus by Ross, 866 A.2d 541 (Conn. 2005)
272 Conn. 674; 2005 Conn. LEXIS 24
Norcott, Dranginis, Sullivan, Vertefeuille, Zarella, Lavery, Fotianddranginis

In Re Application for Petition for Writ of Habeas Corpus by Ross

Opinion of the Court

Opinion

ZARELLA, J.

The motions for stay of execution filed by the plaintiffs in error are dismissed as moot. A full opinion will follow in due course.

In this opinion SULLIVAN, C. J., and VERTEFEUILLE and FOTI, Js., concurred.

Dissenting Opinion

NORCOTT, LAVERY and DRANGINIS, Js.,

dissenting. We dissent from the order of the court dismissing the motions for a stay of execution, and we would grant, sua sponte, pursuant to the inherent supervisory powers over the administration of justice vested in this court; see State v. Higgins, 265 Conn. 35, 61 n.26, 826 A.2d 1126 (2003); a stay of execution. We disagree that an individual defendant may waive the benefit of any potential relief resulting from the disposition of the consolidated habeas corpus proceeding on behalf of all defendants sentenced to death in this jurisdiction ordered by this court in State v. Reynolds, 264 Conn. 1, 233, 836 A.2d 224 (2003), cert. denied, 541 U.S. 908, 124 S. Ct. 1614, 158 L. Ed. 2d 254 (2004), addressing claims that Connecticut’s death penalty system is administered in a racially discriminatoiy and arbitrary manner. We believe that a stay pending resolution of this review is mandated by our statutory responsibilities under General Statutes § 53a-46b (b) (1), and our institutional responsibilities to the criminal justice system. A full dissenting opinion will be published simultaneously with the full majority opinion.

Reference

Full Case Name
In Re Application for Petition for Writ of Habeas Corpus by Dan Ross as Next Friend on Behalf of Michael B. Ross in Re Application for Petition for Writ of Habeas Corpus by the Office of the Chief Public Defender as Next Friend on Behalf of Michael B. Ross
Cited By
3 cases
Status
Published