Case law · Highest court · Federal

Whitmore Ex Rel. Simmons v. Arkansas

Decided
April 24, 1990
Docket
88-7146
Status
Published
Jurisdiction
Federal

Cited 2,590 timesNo negative treatment found in this library

What later courts said

  • holding that speculative theory of possible injury insufficient to establish injury in fact under Article III's case or controversy requirement — J.B. v. Washington County (1997)
  • holding that while the risk of future injury may be founded on a likely and credible chain of events, the injury must be “certainly impending.” — Hollis v. Biden (2021)
  • holding that speculative theory of possible injury insufficient to establish injury in fact under Article Ill’s case or controversy requirement — J.B. v. Washington County (1997)

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

Chief Justice Rehnquist delivered the opinion of the Court.

This case presents the question whether a third party has standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal to the State Supreme Court. Petitioner Jonas Whitmore contends that the Eighth and Fourteenth Amendments prevent the State of Arkansas from carrying out the death sentence imposed on Ronald Gene Simmons without first conducting a mandatory appellate review of Simmons’ conviction and sentence. We hold that petitioner lacks standing, and therefore dismiss the writ of certiorari.

I

Statutes cited

Cite this

Whitmore Ex Rel. Simmons v. Arkansas, 495 U.S. 149 (1990)

Read the full opinion

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