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Bell v. Thompson

Certiorari Denied

Petition for certiorari denied on October 4, 2010.

Docket No.09-1373
Op. Below6th Circuit

Issue

(1) Whether respondent Gregory Thompson is competent to be executed, given that Ford v. Wainwright (1986) neither defined competency in the Eighth Amendment context nor set forth precise procedural requirements for determining competency for execution; (2) whether the Tennessee Supreme Court’s clarification of existing Tennessee appellate procedure was sufficient to warrant relief under Fed. R. Civ. P. 60(b) from the district court’s judgment denying respondent Thompson’s petition for writ of habeas corpus; and (3) whether the Sixth Circuit’s decision exceeds the scope of the certificate of appealability (COA) — and thus the Court’s jurisdiction — under 28 U.S.C. § 2253(c).

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