Breaking News

Barton v. Strange

Petition for certiorari denied on May 19, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
19-8483 8th Cir. N/A N/A N/A N/A OT 19

Issues: (1) Whether new evidence of actual innocence, as discussed in Schlup v. Delo, must not have been available at trial, as interpreted by the U.S. Court of Appeals for the 8th Circuit, or must not have been presented to the jury, as interpreted by the U.S. Courts of Appeals for the 2nd, 7th, 4th, 6th and 9th Circuits; and (2) whether the Missouri Supreme Court, and now the 8th Circuit panel, unreasonably interpreted standards pronounced by the U.S. Supreme Court for determination of execution competence, employed the wrong standard and thereby found an incompetent man to be competent.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 18 2020Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2020)
May 18 2020Application (19A1040) for a stay of execution of sentence of death, submitted to Justice Gorsuch.
May 18 2020Brief of respondent William Stange, Warden in opposition filed.
May 19 2020Reply of Walter Barton filed.
May 19 2020Application (19A1040) referred to the Court.
May 19 2020Application (19A1040) denied by the Court.
May 19 2020Petition DENIED.