SUPREME COURT OF THE UNITED STATES


                      PATRICK DEWAYNE BETHLEY v. LOUISIANA
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      ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF LOUISIANA
                       No. 96-8334.  Decided June 2, 1997

  The petition for a writ of certiorari is denied.

  Statement by JUSTICE STEVENS, with whom JUSTICE GINSBURG and JUSTICE BREYER
join, respecting the denial of the petition for writ of certiorari.

  It is well settled that our decision to deny a petition for writ of certiorari
does not in any sense constitute a ruling on the merits of the case in which the
writ is sought.  United States v. Carver, 260 U. S. 482, 490 (1923).  See
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Singleton v. Commissioner, 439 U. S. 940, 942 (1978) (opinion of STEVENS, J.,
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respecting the denial of certiorari); Maryland v. Baltimore Radio Show, Inc.,
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338 U. S. 912, 919 (1950) (opinion of Frankfurter, J., respecting the denial of
certiorari).  That is certainly true of our decision to deny certiorari in this
case.  It is worth noting the existence of an arguable jurisdictional bar to our
review.  Our consideration of state-court decisions is confined to "[f]inal
judgments or decrees rendered by the highest court of a State in which a
decision could be had."  28  U. S. C. S1257(a).  Petitioner has been neither
convicted of nor sentenced for any crime.  As we have indicated, "in the context
of a criminal prosecution, finality is normally defined by the imposition of the
sentence."  Flynt v. Ohio, 451 U. S. 619, 620 (1981).  See Baltimore Radio, 338
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U. S., at 918 (noting one reason for denial of certiorari is that "judgment of
the lower court may not be final").