Where a defendant scheduled for execution sought a writ of habeas corpus arguing that he was actually innocent and incompetent to be executed, the defendant failed to offer sufficient evidence to show actual innocence by a preponderance of the evidence to support a gateway claim of actual innocence, and there was no clear and convincing evidence to support a freestanding claim of actual innocence, and the petition is denied because the defendant also did not meet the threshold showing to support a claim of incompetence.
State ex rel. Walter Barton v. Stange (MLW No. 74958/Case No. SC98343 – 11 pages) (Supreme Court of Missouri, per curiam) Original proceeding in habeas corpus (Frederick A. Duchardt Jr., Trimble, for Barton) (Michael J. Spillane, Jefferson City, for the state).