Coe v. State

ADOLPHO A. BIRCH, Jr., Justice,

dissenting.

I would grant the petitioner’s “Motion to Rescind Order Setting Execution Date; or in the Alternative for Stay of Execution” filed March 31, 2000.

As expressed in the motion, the Court’s sua sponte setting of an execution six days from the date of that order, and seven days after the denial of the habeas corpus petition in the United States District Court, Middle District, does not allow the petitioner a reasonable opportunity to appeal the District Court’s ruling to the United States Court of Appeals, 6th Circuit, or the United States Supreme Court.…