Barber v. Tennessee

Sup. Ct. Tenn. Certio-rari denied.

Opinion of Justice Stevens, respecting the denial of the petition for writ of certiorari.

On occasion it is appropriate to restate the settled proposition that this Court’s denial of certiorari does not constitute a ruling on the merits. United States v. Carver, 260 U. S. 482, 490 (1923). See also Singleton v. Commissioner, 439 U. S. 940, 942-946 (1978) (opinion of Stevens, J., respecting denial of petition for writ of certiorari). In this case, for example, there are valid reasons for the Court’s decision to deny review. But this does not mean petitioner’s…