Gilmore v. Utah
Supreme Court
429 U.S. 1012 (1976)
Relevant factsFree
Gary Mark Gilmore was convicted of murder and sentenced to death in Utah; four days before his scheduled execution, his mother Bessie Gilmore filed a stay application in the Supreme Court claiming to act as his "next friend," but Gilmore's own attorneys responded that he opposed any stay, and the record showed his attorneys had told him he had substantial appellate grounds, including a genuine question about the death penalty statute's constitutionality, yet Gilmore repeatedly stated he'd received a fair trial, didn't claim innocence, and objected only to the delay in carrying out his sentence.
IssueFree
Whether a defendant may knowingly and intelligently waive his right to appeal a death sentence.