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  5. 626 F.Supp. 936 (1986)
 

SMITH BY AND THROUGH SMITH v. ARMONTROUT

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

626 F.Supp. 936 (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.

January 9, 1986.

Attorney(s) appearing for the Case

Richard Sindel, Clayton, Mo., for petitioner.

Kelly Mescher, Office of Atty. Gen., Jefferson City, Mo., for respondent.

ORDER

SCOTT O. WRIGHT, Chief Judge.

Because the Missouri Supreme Court has decided to pass the buck to the Federal Courts, this Court has no choice but to step in and stay the execution of Gerald Smith. This case is before the Court by way of a next-friend habeas corpus petition filed on Gerald Smith's behalf by his brother, Eugene Smith, Jr. Gerald Smith has announced that he wants to forego all further appeals of his 1981 capital murder conviction and...

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