Evans v. Bennett
Cases that cite this one
10 later published cases cite this decision.
- Whitmore Ex Rel. Simmons v. Arkansas (Supreme Court of the United States 1990)
- Smith by and Through Smith v. Armontrout (District Court, W.D. Missouri 1985)
- BAAL ON BEHALF OF BAAL v. Godinez (District Court, D. Nevada 1990)
- Baal ex rel. Baal v. Godinez (District Court, D. Nevada 1990)
- Hamblen v. Dugger (United States District Court for the Middle District of Florida 1989)
- Franz v. Lockhart (United States District Court for the Eastern District of Arkansas 1988)
- Streetman v. Lynaugh (District Court, E.D. Texas 1987)
- Rumbaugh v. Procunier (5th Cir. 1985)
- Rumbaugh v. Procunier (5th Cir. 1985)
- Kirk B. Lenhard v. Charles Wolff (Supreme Court of the United States 1979)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
99 S.Ct. 1986
Betty EVANS, Individually and as Next Friend Acting on Behalf of John Louis Evans III, applicant,
v.
Larry BENNETT, Commissioner, Alabama Correctional System, et al
No. A-868
Supreme Court of the United States
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.