Middleton v. Roper, No. 14-2677 (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. The court concluded that the district court abused its discretion in granting an indefinite stay of execution where petitioner has not shown a substantial likelihood of success on the merits of his federal habeas petition. The Missouri courts are the proper forum in the first instance for petitioner's claim of incompetency, under Ford v. Wainwright, to be executed. Accordingly, the court vacated the stay of execution.
Court Description: Prisoner case - State Habeas [ July 15, 2014
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