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SMITH BY AND THROUGH SMITH v. ARMONTROUT

No. 85-4647-CV-C-5.

632 F.Supp. 503 (1986)

Gerald M. SMITH, By and Through Eugene SMITH, Jr., as his Next Friend, Petitioner v. William ARMONTROUT, Respondent.

United States District Court, W.D. Missouri, C.D.

April 5, 1986.

Attorney(s) appearing for the Case

Richard Sindel, Sindel, Sindel & Sindel, St. Louis, Mo., for petitioner.

Kelly Mescher, Asst. Atty. Gen., Jefferson City, Mo., for respondent.

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...

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