United States Sixth Circuit

Attorneys do not have standing to petition for a stay of execution when the convicted prisoner is competent and expressly refuses to authorize a petition, and a putative "next friend" must demonstrate, not merely assert, the prisoner's incompetence.

Appellate Information

• Decided 02/28/2001
• Published 02/28/2001

Judges

• Before BOGGS, NORRIS, and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Robert W. Dickerson, Miller & Martin, Chattanooga, TN, for petitioner-appellee., Glenn R. Pruden, Office of the Attorney Generalm Criminal Justice Division, Nashville, TN, for respondent-appellant.