SMITH BY AND THROUGH SMITH v. Armontrout

ORDER

SCOTT O. WRIGHT, Chief Judge.

Gerald Smith, a death row inmate at the Missouri State Penitentiary, has stated that he does not want to pursue his post-conviction remedies and that he wants to proceed with his execution. The issue before the Court is whether Smith has the capacity to make a rational choice with respect to continuing or abandoning further litigation or whether he is suffering from a mental disorder which substantially affects his ability to make a rational decision. For the reasons set forth below, the Court finds that Smith’s decision is based on rationality and is not the…