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SMITH, MO. PUBLIC DEFENDER COM'N v. ARMONTROUT

No. 86-1457.

812 F.2d 1050 (1987)

Gerald M. SMITH, By and Through the MISSOURI PUBLIC DEFENDER COMMISSION and Joseph W. Downey, Public Defender for the Twenty-second Judicial Circuit of Missouri, as Next Friends, Appellants, v. William ARMONTROUT, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 2, 1987.

Rehearing and Rehearing Denied April 8, 1987.

Attorney(s) appearing for the Case

Jordan Cherrick, St. Louis, Mo., for appellants.

Stephen D. Hawke, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

Before ARNOLD, JOHN R. GIBSON, and FAGG, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 8, 1987.

ARNOLD, Circuit Judge.

Appellants Missouri Public Defender Commission and Joseph W. Downey1 seek to present a next-friend petition for habeas corpus under 28 U.S.C. § 2254 on behalf of Gerald M. Smith, a death-row inmate at the Missouri State Penitentiary who declared that he wished to cease pursuit of post-conviction relief and proceed to his execution. The District Court...

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