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Wellons - Stay App Clemency

Wellons - Stay App Clemency

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Published by Chris Geidner
13A1252 - GA - Clemency
13A1252 - GA - Clemency

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Published by: Chris Geidner on Jun 18, 2014
Copyright:Traditional Copyright: All rights reserved

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06/23/2014

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IN THESUPREME COURT OF THE UNITED STATES
 __________________ 
 No.
 __________________ MARCUS A. WELLONS
, 
 Petitioner 
,
 versus,STATE OF GEORGIA
 Respondent 
. 
 APPLICATION FOR A STAY OF EXECUTION  PENDING DISPOSITION OF PETITION FOR A WRIT OF CERTIORARI TO THE ELEVENTH CIRCUIT COURT OF APPEALS 
 
TO:THE HONORABLE CLARENCE THOMAS, ASSOCIATE JUSTICE,UNITED STATES SUPREME COURT
Petitioner Marcus A. Wellons, a condemned prisoner in the State of Georgia, requests that this Court stay his execution currently scheduled for 7:00 p.m. on Tuesday, June 17, 2014, until further order of this Court, in order to permitthe consideration and disposition of his petition for writ of certiorari to the Courtof Appeals for the Eleventh Circuit.
 
JURISDICTIONMr. Wellons invokes this Court's jurisdiction to stay his execution under 28U.S.C. section 2101(f), , and Rule 23 of the Rules of the Supreme Court of theUnited States.REASONS FOR GRANTING A STAY For a Circuit Justice to grant a stay of execution, a petitioner must show: 1)irreparable injury if no stay is granted; 2) A "reasonable probability that four (4)members of the Court will consider the issue [presented] sufficiently meritoriousto grant certiorari,"
Graves v. Burnes
, 405 U.S. 1201 (1972) (Powell, CircuitJustice), or a reasonable probability that a plurality of the Court would grant relief on an original habeas petition; and, 3) a likelihood of success on the merits.
See Barefoot v Estelle
, 463 U.S. 880, 893 (1983);
 see also Fare v. Michael C.
, 439U.S. 1310 (1978) (Rehnquist, Circuit Justice). Petitioner meets these standards.If no stay is granted, Mr. Wellons will suffer the most irreparable injuryknown to the law. He will be executed at 7:00 p.m. tonight, June 17, 2104. Mr.Wellons asked the Eleventh Circuit Court of Appeals to stay this case based oncredible evidence that the Georgia Department of Corrections instructedemployees not to speak with anyone representing Mr. Wellons and were made tosign paperwork confirming that they would not speak about inmates with those
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inmates’ representatives or offer any statements in support of clemency. At leastone officer had overwhelmingly positive things to say about Mr. Wellons andindicated s/he would consider providing a statement supporting Mr. Wellons. Shethen refused, citing concerns for her job. On June 16, 2014, a clemency hearingwas held before the Georgia Board of Pardons and Paroles. Also on June 16,2014, that Board denied Petitioner clemency. On June 17, 2014, Petitioner filed a Complaint in the District Court for the Northern District of Georgia for injunctive relief pursuant to 42 U.S.C. § 1983,detailing these allegations. In a one-page order and without a hearing, the DistrictCourt denied Petitioner’s motion for stay of execution, stating Petitioner had failedto show a substantial likelihood of success on his claim. Mr. Wellons asked theEleventh Circuit Court of Appeals to stay this case based on the state’s action inthis matter, which violates Mr. Wellons’s First, Eighth, and FourteenthAmendment rights and constitutes a deprivation of due process.
See Ohio v.Woodard 
, 523 U.S. 272, 140 L. Ed. 2d 387, 118 S.Ct. 1244 (1998) (recognizingdue process rights in the clemency context). The facts in Mr. Wellon’s case present troubling and substantial constitutional issues. For these reasons, there isa reasonable likelihood that this Court would grant certiorari and that Petitioner would prevail before this Court.
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