Delo v. Stokes/Dissent Stevens

←Delo v. Stokes/Opinion of the Court

Delo v. Stokes by John Paul Stevens Dissenting Opinion

Justice STEVENS, with whom Justice BLACKMUN joins, dissenting.

In my opinion both the District Court and the Court of Appeals-particularly when acting en banc-are in a far better position than this Court to determine whether a successive petition for habeas corpus constitutes an abuse of the writ. Accordingly, I respectfully dissent from the Court's summary disposition of the application to vacate the stay entered by the District Court and upheld by the Court of Appeals.

Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).