Legal Opinion · Concurring in part, dissenting in part

Linda Martiniano, Next Friend for Paul Dennis Reid v. Ricky Bell, Warden

Court of Appeals for the Sixth Circuit

Decided July 7, 2006No. 06-5860Published

1Concurring in part, dissenting in partClay, Circuit Judge

I agree with the majority that the district court did not abuse its discretion in granting a stay of execution to enable the district court to adjudicate the competency of Petitioner’s brother, Paul Dennis Reid. In fact, the district court’s decision comports with this panel’s instructions of three years ago concerning the proper course of action to be taken when Reid’s competency to be executed is reasonably in doubt. See *618Kirkpatrick v. Bell, 64 Fed.Appx. 495 (6th Cir.2003) (instructing the district court to stay the execution and hold a full eviden-tiary hearing on the defendant’s…

2Cases cited2 opinions

  1. Ford v. WainwrightSupreme Court of the United States · 1986
  2. Kirkpatrick ex rel. Reid v. BellCourt of Appeals for the Sixth Circuit · 2003

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