STATE EX REL. MIDDLETON v. TERRY RUSSELL

No. SC 94325.

435 S.W.3d 83 (2014)

STATE ex rel. John C. MIDDLETON, Petitioner, v. TERRY RUSSELL, Respondent.

Supreme Court of Missouri, En Banc.

July 16, 2014.


Attorney(s) appearing for the Case

Richard H. Sindel , Kathryn B. Parish , Sindel, Sindel & Noble PC, Clayton, for Middleton.

Michael J. Spillane , Gregory M. Goodwin , Caroline M. Coulter , attorney general's office, Jefferson City, for the state.


PER CURIAM.

On May 30, 2014, this Court issued its order setting inmate John C. Middleton's execution for July 16, 2014. As the Eighth Circuit Court of Appeals held in its opinion dated July 15, 2014, if Middleton believes that he is incompetent to be executed and that his execution would violate the Eighth Amendment, he is required to present that claim to this Court before asserting it in the federal courts. Middleton v. Roper, No. 14-2667, ___ F.3d ___,...

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