(DOWNLOAD) "Byrd v. Delo" by United States Court of Appeals for the Eighth Circuit * Book PDF Kindle ePub Free

eBook details

Title: Byrd v. Delo
Author : United States Court of Appeals for the Eighth Circuit
Release Date : January 26, 1990
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 47 KB

Description

The panel has granted a rehearing and the application for stay of execution. Judge Bowman dissents from that grant of rehearing by the panel. The date of execution set by the Missouri Supreme Court is hereby stayed until further order of this court. The petition for rehearing en banc is hereby rendered moot. In denying Byrd's Rule 91 petition for habeas corpus without giving a reason, the Missouri Supreme Court has arguably removed any procedural bar, in the Wainwright sense, to federal habeas consideration of the merits of the grounds alleged in the petition. We do not know the ground upon which the Missouri Supreme Court decided to deny the petition. In the absence of a clear statement that this action was based on state procedural law, the merits are open on federal habeas.