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FRANZ v. LOCKHART

No. PB-B-88-444.

700 F.Supp. 1005 (1988)

Rev. Louis J. FRANZ, Individually and as next friend of Ronald Gene Simmons, and Darrel Wayne Hill, Individually and as next friend of Ronald Gene Simmons, Petitioners, v. A.L. LOCKHART, Director of the Arkansas Department of Corrections, Respondent, Ronald Gene Simmons, Sr., Intervenor.

United States District Court, E.D. Arkansas, Pine Bluff Division.

September 23, 1988.

Attorney(s) appearing for the Case

Ray Hartenstein, Little Rock, Ark., Mark S. Cambiano, Morrilton, Ark., for petitioners.

John Harris, Robert Irwin, Russellville, Ark., for intervenor.

John Wesley Hall, Jr., Little Rock, Ark., expert.

Jack Gillean, Asst. Atty. Gen., Clint Miller, Asst. Atty. Gen., Little Rock, Ark., for respondent.

OPINION AND ORDER

EISELE, Chief Judge.

Petitioners seek a writ of habeas corpus to prevent the execution of Intervenor Ronald G. Simmons by Respondent Director of the Arkansas Department of Corrections. Before the Court are the Petition for Writ of Habeas Corpus, with supporting briefs, and Respondent's and Intervenor's opposing briefs. The Court finds that Petitioners lack standing to assert any claims which may be knowingly and intelligently waived by...

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