Smith v. United States (502 U.S. 1017)

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Smith v. United States
Syllabus
664586Smith v. United States — Syllabus

United States Supreme Court

502 U.S. 1017

Smith  v.  United States

No. 90-7347 

On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit.

The petition for a writ of certiorari is denied.

Opinion of Justice STEVENS respecting the denial of the petition for writ of certiorari.

For the reasons stated in Justice BLACKMUN'S dissenting opinion, there is no escape from the conclusion that the Court of Appeals committed error in this case. I write only to note that I find it difficult to articulate an acceptable theory of discretionary review that would explain both the Court's denial of certiorari in this case and its summary reversal in Mireles v. Waco, --- U.S. ----, 112 S.Ct. 286, 116 L.Ed.2d 9 (per curiam ) and Hunter v. Bryant, --- U.S. ----, 112 S.Ct. 534, --- L.Ed.2d ---- (per curiam ).

Justice THOMAS took no part in the consideration or decision of this petition.

Justice BLACKMUN, with whom Justice O'CONNOR and Justice SOUTER join, dissenting.

Notes[edit]

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).

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