[Dajjal]

In the lawyer / reference librarian's explanation of the SCOTUS Order List, he compared Donofrio's case to a hypothetical capital punishment case.

He said that at a SCOTUS conference, you need 4 justices to agree to hear the case, but you need 5 justices to apporve an Application of Stay.

He said that it "often" happens that a death row convict's lawyer's Application of Stay will be denied, but that the SC will agree to hear the case. So the actual client will already be dead by the time the SC hears the case and overturns his conviction.

So the SC has already voted not to grant Donofrio his Application of Stay against NJ SoS Wells. But they have not voted whether to hear the appeal of Donofrio v. Wells.

[CharacterCounts]

He said that it "often" happens that a death row convict's lawyer's Application of Stay will be denied, but that the SC will agree to hear the case. So the actual client will already be dead by the time the SC hears the case and overturns his conviction.

Can he provide a cite to a Supreme Court case where that has actually happened?

[Blu By U]

client will already be dead by the time the SC hears the case and overturns his conviction.
**

That’s messed up.. Likewise, Obuma could serve out 2 terms before they might determine his eligability? That would be messed up too.

[unspun]

He said that at a SCOTUS conference, you need 4 justices to agree to hear the case, but you need 5 justices to apporve an Application of Stay.

He said that it "often" happens that a death row convict's lawyer's Application of Stay will be denied, but that the SC will agree to hear the case. So the actual client will already be dead by the time the SC hears the case and overturns his conviction.

I'm guessing you are simply referring to the 4 vs 5 problem here (that four judges are willing to call "time-out" and examine the case, but not five).