James William Riley v. Stanley W. Taylor M. Jane Brady

OPINION OF THE COURT

SLOVITER, Circuit Judge,

with whom Judges MANSMANN, NYGAARD, ROTH, McKEE and AMBRO join, with whom Judges SCIRICA and FUENTES join as to Part II B, and with whom Chief Judge BECKER joins in the judgment.

Appellant James W. Riley, a 22 year old black man, was sentenced to death on the vote of a Delaware state jury in December 1982. If the time intervening between that sentence and this court’s en banc consideration of the matter has been lengthy, it is not because there has been undue delay at any stage but because the case raises legitimate questions that go to the…