“ As a matter of policy, I believe that we should routinely grant the stay application in all first federal habeas corpus cases "in order to be sure that a death row inmate may have the same opportunity to have his or her federal claims considered by this Court as does any other applicant." ”

“ On January 15, 1992, petitioner filed an application for post-conviction writ of habeas corpus in the trial court and the Texas Court of Criminal Appeals. The next day, the trial court denied a stay of execution. Within the span of a few hours, the Court of Criminal Appeals adopted the trial court's findings, and denied the application; the District Court denied petitioner's first federal habeas petition an hour after it was filed; and the Court of Appeals for the Fifth Circuit affirmed the denial of federal habeas corpus relief by a divided court. ”

“ The compressed schedule has denied state and federal courts the opportunity to review filings with adequate time for reflection, much less to review the record, or even to receive a full response from the State. [1] Indeed, it is doubtful that counsel has had a fair opportunity to discharge his professional obligations. ”