SC17342, SC17343 Dissent - In re Application for Petition for Writ of Habeas Corpus by Dan Ross as Next Friend on Behalf of Michael B. Ross
State: Connecticut
Docket No: 272CR36E
Case Date: 02/08/2005
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IN RE APPLICATION FOR PETITION FOR WRIT OF HABEAS CORPUS BY DAN ROSS AS NEXT FRIEND ON BEHALF OF MICHAEL B. ROSS-- DISSENT
NORCOTT, LAVERY and DRANGINIS, Js., dissenting. We dissent from the order of the court dismissing the motions for a stay of execution, and we would grant, sua sponte, pursuant to the inherent supervisory powers over the administration of justice vested in this court; see State v. Higgins, 265 Conn. 35, 61 n.26, 826 A.2d 1126 (2003); a stay of execution. We disagree that an individual defendant may waive the benefit of any potential relief resulting from the disposition of the consolidated habeas corpus proceeding on behalf of all defendants sentenced to death in this jurisdiction ordered by this court in State v. Reynolds, 264 Conn. 1, 233, 836 A.2d 224 (2003), cert. denied, U.S. , 124 S. Ct. 1614, 158 L. Ed. 2d 254 (2004), addressing claims that Connecticut's death penalty system is administered in a racially discriminatory and arbitrary manner. We believe that a stay pending resolution of this review is mandated by our statutory responsibilities under General Statutes
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