The only one usage of TASK_DEAD outside of last schedule path,

select_bad_process:

	for_each_task(p) {

		if (!p->mm)
			continue;
		...
			if (p->state == TASK_DEAD)
				continue;
		...

TASK_DEAD state is set at the end of do_exit(), this means that p->mm
was already set == NULL by exit_mm(), so this task was already rejected
by 'if (!p->mm)' above.

Note also that the caller holds tasklist_lock, this means that p can't
pass exit_notify() and then set TASK_DEAD when p->mm != NULL.

Also, remove open-coded is_init().

Signed-off-by: Oleg Nesterov <oleg@tv-sign.ru>
Cc: Ingo Molnar <mingo@elte.hu>
Cc: Nick Piggin <nickpiggin@yahoo.com.au>
Signed-off-by: Andrew Morton <akpm@osdl.org>
Signed-off-by: Linus Torvalds <torvalds@osdl.org>