Missouri execution case heads to US supreme court after stay vacated
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Version 0 of 1. A federal appeals court has vacated a stay of execution for a Missouri death row inmate, and the case is now heading to the US supreme court. John Middleton was originally scheduled to die one minute after midnight on Wednesday for killing three people in 1995. A US district judge granted a stay less than two hours before the execution, ruling there was enough evidence of mental illness that a new hearing should take place. Courts have established that executing the mentally ill is unconstitutional. The 8th US circuit court of appeals ruled Wednesday that the execution could proceed, but Middleton's attorneys appealed to the US supreme court. Missouri law allows a 24-hour window for executions. That means if Middleton has not been executed by midnight Thursday, the Missouri supreme court would need to set a new execution date. The US district judge first granted a stay early Tuesday, but that was overturned by the appeals court. The US supreme court refused to overturn the appeals court ruling and declined to halt the execution on several other grounds, including the contention by Middleton's attorneys that he was innocent of the crimes. Middleton's attorneys then went back to the original judge, who once again granted a stay. Middleton, 54, would be the sixth man put to death in Missouri this year – only Florida and Texas have performed more executions in 2014. with seven each. Middleton was convicted of killing Randy "Happy" Hamilton, Stacey Hodge and Alfred Pinegar out of concern that they would tell police about his methamphetamine dealing. Middleton's girlfriend, Maggie Hodges, is serving life in prison after pleading guilty to second-degree murder in all three cases. Middleton's attorneys contend that the wrong man was arrested, citing new evidence that included a witness who came forward in February. |