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Clay v. Bowersox, No. 11-1016

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By FindLaw Staff on January 10, 2011 4:41 PM

Capital Habeas Petition

In Clay v. Bowersox, No. 11-1016, a capital habeas matter, the court affirmed the denial of petitioner's habeas petition where petitioner did not make a substantial showing that the decision of the Supreme Court of Missouri to apply its new construction of Mo. Rev. Stat. section 565.035.3 prospectively only was an unreasonable application of clearly established federal law, as determined by the Supreme Court of the United States.

 

As the court wrote:  "Richard D. Clay was convicted of murder in Missouri and sentenced to death. See Clay v. Bowersox, 367 F.3d 993 (8th Cir.2004); State v. Clay, 975 S.W.2d 121 (Mo.1998). The Supreme Court of Missouri has scheduled Clay's execution for January 12, 2011. Clay has filed with this court an application for a certificate of appealability from the district court's1 order of January 3, 2011, denying his Supplemental Petition for Writ of Habeas Corpus. He also filed a motion for stay of execution. For the reasons that follow, we deny the application and dismiss the appeal. We also deny the motion for stay of execution."

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