Walter Barton v. William Stange, Warden
HabeasCorpus Punishment JusticiabilityDoctri
Does new evidence of actual innocence require that it was not available at trial or not presented to the jury?
QUESTIONS PRESENTED FOR REVIEW Question One Does new evidence of actual innocence, discussed in Schlup v. Delo, 513 U.S. 298, 327 (1995), require that it was not available at trial, as interpreted by the Eighth Circuit, or that it was not presented to the jury, as interpreted by the Second, Seventh, Fourth, Sixth and Ninth Circuits? Question Two Has the Missouri Supreme Court, and now the Eighth Circuit Panel, unreasonably interpreted standards pronounced by this Court for determination of execution competence, employed the wrong standard, and thereby found an incompetent man to be competent. i