TYSON

v.

MCKELLAR, WARDEN, ET AL.

Citator

Cited By

• Smith v. Armontrout, 865 F.2d 1502 (8th Cir. 1988)
  …ord insanity-at-the-time-of-execution issue, is just as valid in the present context, in which the issue is a prisoner’s present capacity to waive his remedies. See also Johnson v. Cabana, 818 F. 2d 333, 339-40 (5th Cir.) (per curiam), cert. denied, 481 U.S. 1061, 107 S.Ct. 2207, 95 L.Ed.2d 861 (1987); Evans v. McCotter, 805 F. 2d 1210, 1213-14 (5th Cir.1986). Language in Johnson is particularly apposite in the present situation. There, a psychologist concluded that the prisoner’s present condition “may” i…
• Alexzene Hamilton v. Collins, 905 F.2d 825 (5th Cir. 1990)
  …er. Under Baal, it is clear there are no grounds for a stay of execution or a certificate of probable cause. The district court clearly erred in issuing a certificate of probable cause. See Johnson v. Cabana, 818 F. 2d 333 (5th Cir.), cert. denied, 481 U.S. 1061, 107 S.Ct. 2207, 95 L.Ed.2d 861 (1987). The district court’s dismissal of Hamilton’s habeas application is AFFIRMED. Hamilton’s motion for a stay of execution is DENIED.…