Williams v. Kelley, No. 17-1825 (8th Cir. 2017)
Annotate this CaseMarcel Williams, convicted of capital murder, kidnapping, rape, and aggravated robbery, moved for a stay of execution. Williams wanted to re-open the denial of federal habeas relief in 2009, renewing his claims of ineffective assistance of counsel at the guilt and penalty phases of his trial. The court concluded that Williams lacked a reasonable likelihood of success on his claims for Rule 60(b) relief based on ineffective assistance of counsel during either the penalty phase or the guilt phase of his trial. Therefore, Williams was not entitled to an extraordinary stay of execution.
Court Description: Per Curiam. Before Wollman, Loken, and Shepherd, Circuit Judges] Death Penalty - Habeas. Motion for stay of execution is denied in appeal from denial of Rule 60(b) relief, as Williams has not shown a significant likelihood of success on the merits on his claims of ineffective assistance at the guilt and penalty phases of his trial.
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