whitmore arkansas argued january decided april trial multiple murder charges ronald simmons waived right direct appeal conviction death sentence trial conducted hearing determined simmons competent waive proceedings pursuant rule arkansas law require mandatory appeal death penalty cases defendant forgo direct appeal judicially determined capacity understand choice life death knowingly intelligently waive rights appeal sentence state reviewed competency determination affirmed trial decision simmons knowingly intelligently waived right appeal denied motion petitioner whitmore inmate convicted case exhausted direct appellate review denied state postconviction relief yet sought federal habeas corpus relief intervene proceeding individually simmons next friend concluding whitmore lacked standing granted whitmore petition certiorari questions whether third party standing challenge validity death sentence imposed capital defendant elected forgo right appeal whether eighth fourteenth amendments prohibit state carrying death sentence without first conducting mandatory appellate review conviction sentence held whitmore lacks standing proceed pp federal consider merits legal claim person seeking invoke jurisdiction must establish requisite standing sue must prove existence art iii case controversy clearly demonstrating suffered injury fact concrete qualitative temporal sense must show injury fairly traced challenged action likely redressed favorable decision simon eastern kentucky welfare rights organization pp whitmore standing individual capacity based legal right system mandatory appellate review assertedly granted personally simmons eighth amendment principal claim injury fact obtains federal habeas relief convicted resentenced death new trial light arkansas comparative review death penalty cases direct substantial interest data base crime compared complete arbitrarily skewed omission simmons heinous crimes speculative invoke art iii jurisdiction even assuming whitmore eventually secure habeas relief convicted resentenced death factual basis conclude sentence imposed mass murderer relevant future comparative review sentence theory least speculative allegations possible future injury found insufficient establish art iii injury fact see littleton scrap distinguished whitmore contention arkansas citizen entitled eighth amendment public interest protections right invoke jurisdiction insure state carry execution without mandatory appellate review raises generalized interest citizens constitutional governance inadequate basis grant standing uniqueness death penalty society interest proper imposition justify creating exception traditional standing doctrine since requirement art iii case controversy merely traditional rule practice rather imposed directly constitution pp whitmore alternative argument standing simmons next friend also rejected scope federal next friend standing doctrine assuming one exists absent congressional authorization broader next friend standing permitted federal habeas corpus statute thus one necessary condition showing proposed next friend real party interest unable litigate cause due mental incapacity lack access similar disability prerequisite satisfied evidentiary hearing shows defendant given knowing intelligent voluntary waiver right proceed access otherwise unimpeded pp rehnquist delivered opinion white blackmun stevens scalia kennedy joined marshall filed dissenting opinion brennan joined post arthur allen appointment argued cause filed brief petitioner steven clark attorney general arkansas argued cause respondents brief respondent state arkansas clint miller assistant attorney general john harris filed brief respondent simmons gary born daniel popeo paul kamenar filed brief washington legal foundation et al amici curiae urging affirmance william webster attorney general missouri john morris stephen hawke assistant attorneys general siegelman attorney general alabama jim jones attorney general idaho hal stratton attorney general new mexico anthony celebrezze attorney general ohio travis medlock attorney general south carolina mary sue terry attorney general virginia filed brief state missouri et al amici curiae chief justice rehnquist delivered opinion case presents question whether third party standing challenge validity death sentence imposed capital defendant elected forgo right appeal state petitioner jonas whitmore contends eighth fourteenth amendments prevent state arkansas carrying death sentence imposed ronald gene simmons without first conducting mandatory appellate review simmons conviction sentence hold petitioner lacks standing therefore dismiss writ certiorari december ronald gene simmons shot killed two people wounded three others course rampage town russellville arkansas police apprehended simmons searched home nearby dover arkansas discovered bodies members simmons family murdered state filed two sets criminal charges simmons one based two russellville murders covering deaths family members simmons first tried russellville crimes jury convicted capital murder sentenced death sentenced simmons made statement oath ronald gene simmons want known wish desire absolutely action anybody taken appeal way change sentence respectfully requested sentence carried expeditiously see franz state ark trial conducted hearing concerning simmons competence waive proceedings concluded decision knowing intelligent simmons execution date approached louis franz catholic priest counsels inmates arkansas department corrections petitioned arkansas permission proceed simmons next friend prosecute appeal behalf held franz standing next friend alleged facts showing ever met simmons much less close relationship defendant also rejected argument standing arkansas constitution aggrieved taxpayer assertion standing concerned citizen prevent important legal issue going unresolved appellate level dicta went state arkansas law require mandatory appeal death penalty cases note however defendant sentenced death arkansas able forgo direct appeal judicially determined capacity understand choice life death knowingly intelligently waive rights appeal sentence reviewing record trial competency hearing held simmons made knowing intelligent waiver right appeal franz another arkansas death row inmate darrel wayne hill applied federal district writ habeas corpus prevent simmons execution petition denied ground franz hill standing franz lockhart supp ed ark appeal pending state subsequently tried simmons murder family members february jury convicted capital murder imposed sentence death lethal injection simmons notified trial desire waive right direct appeal hearing found simmons competent arkansas pursuant rule established franz reviewed competency determination affirmed trial decision simmons knowingly intelligently waived right appeal simmons state ark commended trial simmons counsel exceptional job examining exploring simmons capacity understand choice life death ability know intelligently waive right might appeal sentence also noted simmons counsel thoroughly discussed seven possible points argued reversal appeal simmons acknowledged points rejected encouragement suggestions appeal ibid three days later petitioner jonas whitmore another death row inmate arkansas sought permission arkansas intervene simmons proceeding individually next friend ronald gene simmons concluded whitmore failed show standing intervene denied motion simmons state ark whitmore asked stay simmons execution scheduled march granted stay pending filing disposition petition certiorari later granted whitmore petition certiorari ii first time encountered third party seeking prevent execution capital defendant decided forgo judicial proceedings gilmore utah considered application stay execution gary mark gilmore filed mother bessie gilmore defendant declined request relief majority concluded gilmore made knowing intelligent waiver federal rights available accordingly allowed execution go forward four members however felt standing constitutional issues raised application substantial given matter plenary consideration since gilmore presented applications third parties stays execution see lenhard wolff stay execution denied evans bennett stay execution denied present case requested full briefing argument issued opinion recurring issue petitioner whitmore asks hold despite simmons failure appeal eighth fourteenth amendments require state arkansas conduct appellate review conviction sentence proceed execute well established however federal consider merits legal claim person seeking invoke jurisdiction must establish requisite standing sue article iii course gives federal courts jurisdiction cases controversies doctrine standing serves identify disputes appropriately resolved judicial process see valley forge christian college americans separation church state threshold inquiry standing way depends merits petitioner contention particular conduct illegal warth seldin thus put aside whitmore eighth amendment challenge consider whether established existence case controversy although acknowledged concept art iii standing defined complete consistency various cases decided discussed valley forge supra certain basic principles distilled decisions establish art iii case controversy litigant first must clearly demonstrate suffered injury fact injury emphasized repeatedly must concrete qualitative temporal sense complainant must allege injury distinct palpable warth supra opposed merely bstract littleton alleged harm must actual imminent conjectural hypothetical los angeles lyons litigant must satisfy causation redressability prongs art iii minima showing injury fairly traced challenged action likely redressed favorable decision simon eastern kentucky welfare rights organization valley forge supra litigant must clearly specifically set forth facts sufficient satisfy art iii standing requirements federal powerless create jurisdiction embellishing otherwise deficient allegations standing see warth supra understand whitmore claim standing individual capacity alleges state infringed rights eighth amendment grants personally subject impending execution simmons therefore rests claim relief asserted legal right system mandatory appellate review simmons similar right either theory whitmore must establish art iii standing see secretary state md joseph munson singleton wulff find allegations fall short whitmore principal claim injury fact arkansas established system comparative review death penalty cases direct substantial interest data base crime compared complete arbitrarily skewed omission capital case brief petitioner although already convicted murder sentenced death exhausted direct appellate review see whitmore state ark denied state postconviction relief whitmore state ark petitioner suggests might future obtain federal habeas corpus relief entitle new trial new trial whitmore convicted sentenced death seek review sentence arkansas compare whitmore case capital cases insure death penalty freakishly arbitrarily applied arkansas petitioner asserts ultimately injured state failure review simmons death sentence heinous crimes committed simmons included data base employed whitmore comparative review injury redressed order eighth amendment requires mandatory appellate review petitioner alleged injury speculative invoke jurisdiction art iii whitmore conviction death sentence final claim may eventually secure federal habeas relief conviction obviously problematic although odds may well better petitioner prove obtain habeas relief retried convicted sentenced death even follow whitmore far path nothing conjecture addition simmons crimes comparative review data base lead arkansas set aside death sentence whitmore whose victim died stabbed times cut throat carved side face comparative review whitmore current sentence arkansas simply noted defendants similar capital crimes also sentenced death ibid whitmore provides factual basis us conclude sentence imposed mass murderer like simmons even relevant future comparative review whitmore sentence whitmore theory injury least speculative others found insufficient establish art iii injury fact littleton supra held case controversy residents illinois town sought injunctive relief magistrate circuit judge plaintiffs claimed engaged pattern practice illegal bondsetting sentencing practices criminal cases allegation respondents plaintiffs case amounted claim respondents proceed violate unchallenged law charged held answer tried proceedings petitioners subjected discriminatory practices petitioners alleged followed contention think analogous whitmore took us area speculation conjecture beyond bounds jurisdiction likewise thought inadequate allegations future injury contingent plaintiff encounter police wherein police administer allegedly illegal chokehol los angeles lyons prospective future candidacy former congressman golden zwickler police using deadly force person fleeing yet uneffected arrest ashcroft mattis recently diamond charles rejected physician attempt defend state law restricting abortions complaint fewer abortions lead paying patients unadorned speculation insufficient invoke federal judicial power quoting simon eastern kentucky welfare rights organization cases demonstrates said many times reiterate today allegations possible future injury satisfy requirements art iii threatened injury must certainly impending constitute injury fact babbitt farm workers quoting pennsylvania west virginia see also lyons supra richardson probably attenuated injury conferring art iii standing asserted respondents scrap environmental group challenged interstate commerce commission approval surcharge railroad freight rates claiming adverse environmental impact icc action washington metropolitan area cause group members suffer economic recreational aesthetic harm scrap group alleged general rate increase cause increased use nonrecyclable commodities compared recyclable goods thus resulting need use natural resources produce goods resources might taken washington area resulting refuse might discarded national parks washington area held pleadings alleged specific perceptible harm sufficient survive motion dismiss lack standing also indicated entitled summary judgment standing issue showed allegations sham raised genuine issue fact even analysis standing question scrap surely went outer limit law petitioner asserted injury enough establish jurisdiction scrap environmental group alleged specific perceptible harms depletion natural resources increased littering befall members imminently icc orders reversed bald statement even incorrect held sufficient withstand motion dismiss plaintiffs scrap may able show trial string occurrences alleged happen immediately whitmore make responsibly make similar claim immediate harm take judicial notice fact writs habeas corpus granted cases guilty verdicts returned trials possible litigant prove advance judicial system lead particular result case thus unlike injury alleged scrap amount evidence potentially establish whitmore asserted future injury real immediate see moreover noted even whitmore demonstrate certainty retried convicted sentenced shown simmons convictions pertinent proportionality review arkansas whitmore also contends citizen arkansas entitled public interest protections eighth amendment right invoke jurisdiction insure execution carried arkansas without appellate review allegation raises generalized interest citizens constitutional governance schlesinger reservists committee stop war inadequate basis grant petitioner standing proceed dispose claim need quote decision allen wright repeatedly held asserted right government act accordance law sufficient standing alone confer jurisdiction federal accord valley forge college americans recognize standing premised injury consisting solely alleged violation personal constitutional right government establish religion principled consistency dictate recognition respondents standing challenge execution every capital sentence basis personal right government impose cruel unusual punishment quoting americans separation church state dept health education welfare citation omitted schlesinger supra richardson supra perhaps recognizing weakness claim standing petitioner argues next create exception traditional standing doctrine case uniqueness death penalty society interest proper imposition maintains justify relaxed application standing principles short answer suggestion requirement art iii case controversy merely traditional rule practice rather imposed directly constitution employ untethered notions might good public policy expand jurisdiction appealing case previously resisted temptation import profound differences opinion meaning eighth amendment constitution domain administrative law heckler chaney brennan concurring restraint even important matter issue constitutional source federal judicial power hold whitmore standing individual capacity press eighth amendment objection simmons conviction sentence alternative basis standing maintain action petitioner purports proceed next friend ronald gene simmons although never discussed concept next friend standing length long accepted basis jurisdiction certain circumstances frequently next friends appear behalf detained prisoners unable usually mental incompetence inaccessibility seek relief ex rel toth quarles prisoner sister brought habeas corpus proceeding held korea early century english habeas corpus act authorized complaints filed one behalf detained persons see car ii ch house lords resolved hat every englishman imprisoned authority whatsoever undoubted right agents friends apply obtain writ habeas corpus order procure liberty due course law see ashby white tr early decisions country interpreted ambiguous provisions federal habeas corpus statute allow next friend standing connection petitions writs habeas corpus see collins traeger ex rel funaro watchorn sdny congress eventually codified doctrine explicitly see ed application writ habeas corpus shall writing signed verified person whose relief intended someone acting behalf emphasis added next friend become party habeas corpus action participates simply pursues cause behalf detained person remains real party interest morgan potter nash ex rel hashimoto macarthur app cert denied important present purposes next friend standing means granted automatically whomever seeks pursue action behalf another decisions applying habeas corpus statute adhered least two firmly rooted prerequisites next friend standing first next friend must provide adequate explanation inaccessibility mental incompetence disability real party interest appear behalf prosecute action wilson lane cert pending smith ex rel missouri public defender armontrout cert denied weber garza second next friend must truly dedicated best interests person whose behalf seeks litigate see morris supp ed suggested next friend must significant relationship real party interest davis austin supp nd minister first cousin prisoner denied next friend standing burden next friend clearly establish propriety status thereby justify jurisdiction smith supra groseclose ex rel harries dutton supp md limitations next friend doctrine driven recognition intended writ habeas corpus availed matter course intruders uninvited meddlers styling next friends ex rel bryant houston see also rosenberg jackson concurring five justices discountenancing practice granting next friend standing one stranger detained persons case whose intervention unauthorized prisoners counsel indeed restriction next friend standing federal courts litigant asserting generalized interest constitutional governance circumvent jurisdictional limits art iii simply assuming mantle next friend whitmore course seek writ habeas corpus behalf simmons desires intervene proceeding appeal simmons conviction death sentence circumstances federal statute authorizing participation next friends arkansas recognizes apparently matter common law availability next friend standing arkansas courts see franz state declined grant whitmore without deciding whether next friend may ever invoke jurisdiction federal absent congressional authorization think scope federal doctrine next friend standing broader permitted habeas corpus statute codified historical practice keeping ancient tradition doctrine conclude one necessary condition next friend standing federal showing proposed next friend real party interest unable litigate cause due mental incapacity lack access similar disability prerequisite next friend standing satisfied evidentiary hearing shows defendant given knowing intelligent voluntary waiver right proceed access otherwise unimpeded see gilmore utah stevens concurring although faced question whether hearing mental competency required constitution whenever capital defendant desires terminate proceedings hearing obviously bear whether defendant able proceed behalf arkansas requires competency hearing matter state law case affirmed trial finding simmons capacity understand choice life death knowingly intelligently waive rights appeal sentence simmons state oral argument whitmore counsel questioned validity waiver find reason disturb judgment arkansas point simmons questioned counsel trial concerning choice accept death sentence answers demonstrate appreciated consequences decision indicated understood several possible grounds appeal explained counsel informed seeking technicalities tr psychiatric interview simmons stated consider terrible miscarriage justice person kill people executed meaningful evidence suffering mental disease disorder defect substantially affected capacity make intelligent decision see rees peyton therefore hold whitmore failed establish simmons unable proceed behalf standing proceed next friend ronald gene simmons jonas whitmore lacks standing proceed writ certiorari dismissed want jurisdiction see doremus board education hawthorne ordered footnotes cases relied upon petitioner establish strict requirement standing circumstances rule practice relaxed view countervailing policies inapposite concern prudential barriers standing mandates art iii see eisenstadt baird dombrowski pfister raines conclude petitioner established art iii standing need decide whether appropriate type action relax general prudential rule litigant must assert legal rights interests rest claim relief legal rights interests third parties warth seldin one section former habeas corpus statute provided pplication writ habeas corpus shall signed person whose relief intended rev stat ed emphasis added nevertheless collins watchorn courts found implicit authorization next friend standing revised statutes stated petitioner party imprisoned restrained may deny facts set forth return rev stat ed emphasis added least one concluded next friend standing available old statute ex parte hibbs courts recognized ability third parties apply writ make clear basis decisions ex rel bryant houston ex parte dostal nd ohio congress added words someone acting behalf revisers noted change follow ed actual practice courts revisers notes courts permitted next friends prosecute actions outside habeas corpus context behalf infants minors adult mental incompetents see garnett garnett mass next friend may bring action divorce behalf insane person campbell campbell blumenthal craig next friend admitted prosecute personal injury action behalf plaintiff minor baltimore ohio fitzpatrick md justice marshall justice brennan joins dissenting today allows state execute man even though appellate reviewed validity conviction sentence reaching result address constitutional claim presented petitioner whether state must provide appellate review capital case despite defendant desire waive review rather decides petitioner standing raise issue rejects petitioner argument allowed proceed ronald gene simmons next friend relying federal doctrine competent defendant waiver right appeal precludes another person appealing behalf petitioner constitutional claim meritorious however simmons execution violates eighth amendment thus permit unconstitutional execution basis doctrine power amend given extraordinary circumstances case consideration whether federal common law precludes jonas whitmore standing ronald simmons next friend informed consideration merits whitmore claim reasons discussed herein constitution requires provide appellate review capital cases notwithstanding defendant desire waive review prevent simmons unconstitutional execution relax restriction standing permit whitmore present merits question simmons behalf refusing address question needlessly abdicates grave responsibility ensure person wrongly executed dissent held constitution require provide appellate review noncapital criminal cases ross moffitt citing mckane durston axiomatic however unique irrevocable nature death penalty necessitates safeguards required punishments eighth amendment death penalty treated differently punishments among important consistent themes death penalty jurisprudence need special care deliberation decisions may lead imposition sanction accordingly imposed series unique substantive procedural restrictions designed ensure capital punishment imposed without serious calm reflection precede decision gravity finality thompson oklahoma concurring judgment citation omitted consistently recognized crucial role appellate review ensuring death penalty imposed arbitrarily capriciously gregg georgia upheld georgia capital sentencing scheme large part statute required appellate review every death sentence important additional safeguard arbitrariness caprice georgia statutory scheme provides automatic appeal death sentences state required statute review sentence death determine whether imposed influence passion prejudice whether evidence supports jury finding statutory aggravating circumstance whether sentence disproportionate compared sentences imposed similar cases joint opinion stewart powell stevens existence mandatory appellate review also significant factor decision upholding california capital sentencing scheme pulley harris moreover although held constitution require appellate courts engage proportionality review nevertheless acknowledged gregg suggested form meaningful appellate review required citing gregg supra joint opinion stewart powell stevens see also pulley gregg proffitt focused proportionality review provision sort prompt automatic appellate review stevens concurring part concurring judgment stating precedents establish form meaningful appellate review constitutionally required thus much death penalty jurisprudence rests recognition appellate review crucial means promoting reliability consistency capital sentencing high percentage capital cases reversed appeal vividly demonstrates appellate review indispensable safeguard since arkansas direct review reversed cases death penalty imposed see robertson state ark hickman concurring fretwell state ark hickman concurring also remarkably high reversal rates capital cases see burt disorder death penalty constitution rev florida set aside death sentences dix appellate review decision impose death geo texas criminal appeals reversed conviction invalidated death sentence cases october march georgia capital cases april march cf barefoot estelle marshall dissenting approximately capital defendants denied federal habeas relief district courts prevailed courts appeals greenberg capital punishment system yale estimating convictions sentences imposed capital punishment statutes enacted furman georgia reversed point postconviction appeals process contrast federal criminal judgments noncapital cases reversal rate dept justice bureau justice statistics bulletin capital punishment july death row inmates sent prison sentences vacated commuted year statistics make clear absence form appellate review unacceptably high percentage criminal defendants wrongfully executed wrongfully innocent crime undeserving severest punishment relative similarly situated offenders denied essential procedural protections state see greenberg supra listing numerous examples death row inmates subsequently found guilty instances capital convictions sentences reversed violations federal state law cases state courts experience capital cases compel conclusion eighth fourteenth amendments require appellate review least death sentences prevent unjust executions believe constitution also mandates review underlying convictions core concern death penalty decisions take steps ensure greatest extent possible person wrongfully executed person wrongfully executed innocent crime improperly convicted erroneously sentenced death therefore must provide review convictions sentences death cases ii appellate review necessary safeguard defendant right suffer cruel unusual punishment also protect society fundamental interest ensuring coercive power state employed manner shocks community conscience undermines integrity criminal justice system see gilmore utah marshall dissenting wrongful execution affront society whole person may consent executed without appellate review see white dissenting consent convicted defendant criminal case privilege state impose punishment otherwise forbidden eighth amendment district stated compellingly review habeas petition filed simmons behalf reverend louis franz darrel wayne hill stake collective right civilized people cruel unusual punishment inflicted name crying need vindicate right basic value simmons held unable waive resolution state courts correctness death sentence franz lockhart supp ed ark quoting gilmore utah supra white dissenting citation omitted appeal pending see also commonwealth mckenna doctrine waiver designed block giving effect strong public interest jurisprudential concern allo criminal defendant choose sentence waiver rule exalted position lofty require blind real issue propriety allowing state conduct illegal execution citizen omitted people stanworth cal dealing right privilege conferred law upon litigant sole personal benefit concerned principle fundamental public policy law suffer state interest concern observance enforcement policy thwarted guise waiver personal right individual internal quotation marks omitted citation omitted defendant voluntary submission barbaric punishment ameliorate harm imposing punishment causes basic societal values integrity system justice certainly defendant consent drawn quartered burned stake license state exact punishments state knowingly execute innocent man merely refused present defense trial waived right appeal similarly state may conduct execution rendered unconstitutional lack appeal merely defendant agrees punishment case thus involve capital defendant right die capital defendant seeks circumvent procedures necessary ensure propriety conviction sentence ask state permit take life rather invites state violate two basic norms civilized society state penal authority invoked necessary serve ends justice ends particular individual punishment imposed state adequate assurance punishment justified constitution forbids state accept invitation society overwhelming interest preventing wrongful executions evidenced fact almost death penalty apparently prescribed mandatory nonwaivable appellate review least sentence capital cases dept justice bureau justice statistics bulletin capital punishment july carter maintaining systemic integrity capital cases use counsel present mitigating evidence defendant advocates death rev arkansas state high held competent capital defendant waiver appeal precludes appellate review entirely franz state ark glaze concurring dissenting furthermore since reinstitution capital punishment one person gary gilmore executed without appellate review case see gilmore utah following utah execution gilmore state amended law provide mandatory nonwaivable appellate review utah code ann supp see also utah code ann extreme rarity unreviewed executions suggests unconstitutionality killings cf enmund florida finding unconstitutional florida death penalty felony murder part jurisdictions authorized death crime coker georgia striking georgia provision death penalty rape adult woman part georgia state provision recognized contexts societal interests may justify limiting competent person ability waive constitutional protection singer example upheld constitutionality federal rule criminal procedure conditions defendant waiver right jury trial approval prosecution reasoned constitution recognizes adversary system proper method determining guilt government litigant legitimate interest seeing cases believes conviction warranted tried tribunal constitution regards likely produce fair result society interest expressed eighth amendment ensuring punishments neither cruel unusual similarly justifies restricting defendant ability acquiesce infliction wrongful punishment although death may death row inmates seem preferable life prison society right indeed obligation see procedural safeguards observed state takes human life iii given constitution requires mandatory nonwaivable appellate review question remains whether whitmore may seek relief simmons behalf take whatever measures necessary within power prevent simmons illegal execution doctrine standing provides mechanism without exceeding article iii limitations jurisdiction refusal use mechanism suggests desire eliminate delays executions exceeds solicitude eighth amendment acknowledges next friend pursues action behalf real party interest ante simmons obviously satisfies article iii prudential standing requirements therefore dispute whitmore standing simmons also meet requirements refuses allow whitmore act simmons next friend however shown simmons unable litigate cause due mental incapacity lack access similar disability ante suggests without holding party asserting status must also prove truly dedicated best interests person whose behalf seeks litigate ante perhaps significant relationship real party interest ante assuming sake argument simmons competent forgo petitioning review whitmore minimally interested simmons welfare nevertheless permit whitmore proceed simmons next friend requirements standing creations common law constitution ante thus constitutional considerations impede deciding case merits certainly authority expand contract doctrine necessary serve important judicial societal interest examples exercise authority pervade case law see harlow fitzgerald abandoning subjective element qualified immunity defense avoid excessive disruption government permit resolution insubstantial claims summary judgment anderson creighton stating harlow completely reformulated qualified immunity along principles embodied common law replacing inquiry subjective malice frequently required common law objective inquiry legal reasonableness official action parklane hosiery shore discarding doctrine mutuality parties authorizing offensive use collateral estoppel protect litigants burden relitigating issues promote judicial economy see also livingston jefferson cas cc marshall circuit judge principle principle unwritten law really human reason applied courts capriciously regular train decisions human affairs according circumstances nation necessity times general state things susceptible modification case magnitude societal interests stake justifies relaxing requirements permit whitmore challenge simmons execution relaxation requirements especially warranted judicial consideration claim constitution requires appellate review every capital case otherwise virtually impossible capital defendant desires appellate review undoubtedly obtain review state see supra perhaps federal petition habeas corpus waives right appeal found incompetent next friend allowed pursue appeal obviating need decide whether eighth amendment requires mandatory nonwaivable review although fact constitutional issue never resolved may justify carving exception article iii standing requirements surely fact considered society commitment avoiding wrongful executions provides ample cause enlarging scope federal doctrine purpose invokes rigidly applying restrictions standing preventing intruders uninvited meddlers pursuing habeas corpus relief matter course ante quoting ex rel bryant houston purpose however justify refusing allow whitmore proceed simmons next friend first need hold federal courts must relax restrictions standing rules altered extent deems necessary hold whitmore standing merits constitution requires form nonwaivable appellate review state least one level review assured capital case decision obviate need relaxing restrictions federal district courts courts appeals fundamentally however interest preventing suit uninvited meddler pales comparison society interest preventing illegal execution allowing meddler press condemned man interests means prevent unconstitutional execution sacrifice restrictions rather defendant life iv today refuses address meritorious constitutional claim rigidly applying technical rule completely within power amend suspend thereby permits violate constitution executing willing defendants without requiring minimal assurance convictions correct sentences justified decision thus continues unseemly effort hasten executions cost permitting constitutional violations go unrectified see butler mckellar teague lane dissent thirteen statute rule case law explicitly provide review least capital sentence occur without defendant election participation code cal penal code ann west supp people stanworth cal del code tit goode state construing stat rev ch judy state ind construing ind code mo rev stat rev stat cole state stat ann west supp commonwealth mckenna construing predecessor statute cons stat ann state holland utah construing utah code ann supp see also utah code ann rule app proc statutes rules employ language indicating appellate courts must review least sentence every capital case rule crim proc rev stat supp stat code ann idaho code rev stat ann michie la code crim proc art west md ann code art miss code ann supp mont code ann neb rev stat rev stat ann vi stat ann stat okla tit supp rev stat code codified laws tex crim proc code ann supp code rev code wyo stat ohio rule waiver unclear see ohio rev code ann state brooks ohio however ohio appeals ohio reviewed defendant death sentence state appeals denied motion withdraw appeal underlying decision may assumption competent defendant never waive right appeal unless guilty crime deserved die see franz lockhart supp ed ark appeal pending reason believe however defendants guilty heinous crimes choose death life prison question whether whitmore may act simmons next friend distinct question whether whitmore arkansas impose federal standing restrictions whether derived article iii federal common law state courts see asarco kadish department labor triplett marshall concurring judgment holding thus affects federal courts despite suggestion believe ever hold defendant judged incompetent waive right appeal executed without appellate review ground one sufficiently close relation stepped forward pursue appeal rather required appoint someone represent defendant see franz lockhart supra see also carter maintaining systemic integrity capital cases use counsel present mitigating evidence defendant advocates death rev determining simmons competency waive right seek relief majority relies arkansas trial finding simmons competent waive right appeal state ante point however determined simmons competent waive right petition writ certiorari legal competency static given simmons life turns question least require specific determination competent forgo petitioning dismisses case without reaching merits suggests restriction standing necessary prevent litigant asserts generalized grievance circumventing article iii standing requirements ante long real party interest satisfies standing requirements simmons clearly presented actual case controversy suggestion true necessitate abolishing standing entirely terms article iii next friend represents interests incompetent person significant relation different next friend pursues claim behalf competent stranger rely wholly injury real party interest satisfy constitutional standing requirements appeal stare decisis similarly relieve responsibility today disturbing decision case first opportunity address issue raised benefit full briefing parties four times presented question context applications stays executions filed parties defendants three times denied applications see gilmore utah evans bennett lenhard wolff gilmore stated competent defendant knowingly intelligently waived federal rights evans rehnquist capacity circuit justice stayed execution pending consideration full chambers denied application without opinion justice brennan noting concurrence stay necessary state set execution date ibid lenhard issue opinion rosenberg however consider merits application stay executions julius ethel rosenberg filed counsel man connection rosenbergs participated proceedings related case stay proceedings per curiam jackson concurring edelman applicant stranger rosenbergs case intervention unauthorized originally opposed counsel justice jackson concurring opinion stated discountenance practice considering argument originally pressed defendant counsel counsel vigorously contesting defendants death sentences far importantly however dismiss application ground applicant satisfy requirements status addressed application merits per curiam see also clark concurring human lives stake need turn decision fine points procedure party technical standing claim relief black dissenting believe sentence citizen death plainly illegal allow citizen executed grounds lawyers waived plain error illegal execution less illegal technical ground waiver assigned justify douglas dissenting question unlawful sentence never barred man woman go death unlawful sentence merely lawyer failed raise point decision today rests federal common law developed connection habeas corpus cases ante apparently applies standing habeas cases brought federal district well petitions certiorari submitted congress amend habeas statute provides pplication writ habeas corpus shall writing signed verified person whose relief intended someone acting behalf emphasis added explicitly permit suits cases sort ensure form review capital cases