Legal Opinion
Smith ex rel. Missouri Public Defender Commission v. Armontrout
Court of Appeals for the Eighth Circuit
Decided March 2, 1987No. 86-1457PublishedCited by 30 opinions
1Opinion of the Court
ARNOLD, Circuit Judge.
Appellants Missouri Public Defender Commission and Joseph W. Downey1 seek to present a next-friend petition for habeas corpus under 28 U.S.C. § 2254 on behalf of Gerald M. Smith, a death-row inmate at the Missouri State Penitentiary who declared that he wished to cease pursuit of post-conviction relief and proceed to his execution. The District Court2 dismissed the next-friend petition for lack of standing, ruling that under Rees v. Peyton, 384 U.S. 312, 86 S.Ct. 1505, 16 L.Ed.2d 583 (1966) (per curiam), Smith possessed the requisite mental competence to abandon his…
2Cases cited22 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Rose v. LundySupreme Court of the United States · 1982
- Darden v. WainwrightSupreme Court of the United States · 1986
- Trop v. DullesSupreme Court of the United States · 1958
- Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
17 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Naruto v. David SlaterCourt of Appeals for the Ninth Circuit · 2018
- Brewer v. LewisCourt of Appeals for the Ninth Circuit · 1993
- Smith v. ArmontroutCourt of Appeals for the Second Circuit · 1987
- Hooper v. StateCourt of Criminal Appeals of Oklahoma · 2006
- Wilson v. LaneDistrict Court, S.D. Illinois · 1988
25 more not listed; retrieve them via the Exa API.