Middleton v. Roper, No. 14-2667 (8th Cir. 2014)
Annotate this CaseRespondent, in his official capacity as superintendent of the Potosi Correctional Center, moved to vacate the district court's order staying the execution of petitioner. Petitioner filed a "second-in-time federal habeas corpus petition and supplemental petition to first habeas corpus application," alleging that the state does not provide adequate procedures by which he could raise a claim that he is mentally incompetent to be executed under the Eighth Amendment as interpreted in Ford v. Wainwright. The court concluded that the district court abused its discretion by staying petitioner's execution for the purpose of holding a hearing on a Ford claim that was never presented to the Missouri state courts. Accordingly, the court vacated the stay of execution.
Court Description: Prisoner case - State Habeas [ July 14, 2014
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