Legal Opinion
Franklin v. Francis
District Court, S.D. Ohio
Decided February 27, 1998No. C1-98-0136PublishedCited by 3 opinions
1Opinion of the Court
OPINION AND ORDER
MARBLEY, District Judge.
I. INTRODUCTION
Petitioners, Jennie Franklin and Elaine Quigley (together “Petitioners”), the birth mother and sister of Wilford Lee Berry (“Berry”), have filed with this Court a first petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2251, on behalf of Berry, who is presently scheduled to be executed by the State of Ohio at 9:00 p.m., Tuesday, March 3, 1998. In addition, Petitioners request this Court to issue a stay of the execution of Berry, and to hold an evidentiary hearing to determine Berry’s competency to waive his right to federal…
2Cases cited54 opinions
- Warth v. SeldinSupreme Court of the United States · 1975
- Gerstein v. PughSupreme Court of the United States · 1975
- Lindh v. MurphySupreme Court of the United States · 1997
- United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
- Dusky v. United StatesSupreme Court of the United States · 1960
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3Cited by3 opinions
- State v. AshworthOhio Supreme Court · 1999
- State Ex Rel. Beacon Journal Publishing Co. v. BodikerOhio Court of Appeals · 1999
- Franklin v. FrancisDistrict Court, S.D. Ohio · 1999