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RINGO v. ROPER

No. 14-3061.

766 F.3d 880 (2014)

Earl RINGO, Appellant v. Donald ROPER, Appellee.

United States Court of Appeals, Eighth Circuit.

September 9, 2014.

Attorney(s) appearing for the Case

Richard H. Sindel , Kathryn B. Parish , Sindel, Sindel & Noble, P.C., Clayton, MO, John William Simon , Constitutional Advocacy, St. Louis, MO, for appellant.

Michael J. Spillane , Asst. Atty. Gen., Jefferson City, MO ( Chris Koster , Atty. Gen., on the brief), for appellee.

Before RILEY, Chief Judge, WOLLMAN, LOKEN, MURPHY, BYE, SMITH, COLLOTON, GRUENDER, SHEPHERD, and KELLY, Circuit Judges.

ORDER

Appellant Earl Ringo's motion for stay of execution is denied.

Judge MURPHY, Judge BYE, and Judge KELLY would grant the motion for stay.

Judge BENTON did not participate in the consideration or disposition of this motion.

BYE, Circuit Judge, dissenting, with whom MURPHY and KELLY, Circuit Judges, join.

I would grant a stay of Earl Ringo's execution. I therefore respectfully dissent from the order denying a stay.

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