Third Party Standing -- "Next Friends" as Enemies: Third Party Petitions for Capital Defendants Wishing To Waive Appeal

• NCJ Number: 131677
• Journal: Journal of Criminal Law and Criminology Volume: 81 Issue: 4 Dated: (Winter 1991) Pages: 981-1001
• Author(s): P F Brown
• Date Published: 1991
• Length: 21 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

The Supreme Court, in Whitmore v. Alabama, held that a third party may not petition the court for stay of a defendant's capital sentence if that defendant has already competently waived appeal.

Abstract

The decision, which rejected the "next friend" petition for writ of habeas corpus, is consistent with the majority of Supreme Court decisions related to third party and next friend standing for individuals seeking appeals on behalf of capital defendants. The author analyzes the decision with regard to third party standing and next friend jurisprudence and commends its consistency with the demands of the Constitution's "case or controversy" requirement and Supreme Court precedent. Furthermore, the author argues that the dissenting minority's standing theory is outcome-motivated and would reduce the predictability of future standing decisions, politicize the Court's standing determinations, and debase the value of self-determination for capital defendants. 151 notes