Barton v. Strange

(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.