# In Re John W. BYRD, Jr., Movant

> Court of Appeals for the Sixth Circuit · September 10, 2001 · 269 F.3d 544

URL: https://www.frixlaw.com/law-library/cases/9494478

## Case

- **Full name:** In Re: John W. Byrd, Jr., Movant
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** September 10, 2001
- **Citations:** 269 F.3d 544; 2001 U.S. App. LEXIS 20291; 2001 WL 1104777
- **Precedential status:** Published
- **Opinion:** Dissent by Jones
- **Judges:** Jones, Suhrheinrich, Batchelder
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9494478

## Opinion text

NATHANIEL R. JONES,
Circuit Judge, dissenting.
I am convinced beyond doubt, that this court must carefully explore whether Byrd can satisfy the legal standard that would entitle him to file a second habeas petition. The complexity of the issues raised by the petitioner are of such scope and magnitude as to demand a careful and exhaustive analysis. I believe that the petition squarely implicates a question of fundamental fairness. Thus, a stay of execution is imperative. Byrd should not be put to death before this court is able to give full consideration to the issues raised in his case. Steffen v. Tate, 39 F.3d 622, 625 (6th Cir.1994).
I dissent.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9494478. Public record. Not legal advice.