Cole v. Roper

The proceedings before this Court and before the Supreme Court of Missouri which led to the instant habeas petition pertain to the question of whether Andre Cole is entitled to a hearing to determine his competency — not whether he is competent. A majority of the Supreme Court of Missouri concluded Cole was not entitled to a hearing to determine his competency *715to be executed — even assuming he made the required threshold showing for the necessity of such a hearing — because it determined he was competent. In doing so, the court reached a decision that was contrary to and an unreasonable…