Opinion · Court of Appeals for the Eighth Circuit

Fairchild v. Lockhart

Fairchild v. Lockhart, 912 F.2d 269 (8th Cir. 1990)

Type
Opinion
Court
Court of Appeals for the Eighth Circuit
Jurisdiction
Federal
Date
1990-09-04
Topic
general

PER CURIAM. We have before us, in addition to the underlying appeal and a motion for stay of execution, a motion of appellant to remand to the District Court for the taking of additional proof. The motion to remand is supported by certain exhibits. Appellant has moved for leave to file exhibits E and F under seal. The motion for leave to file exhibits E and F under seal is granted.

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Cited by
2 opinions
FAIRCHILD v. LOCKHART,912 F.2d 269(8th Cir. 1990)
BARRY LEE FAIRCHILD, APPELLANT, v. A.L. LOCKHART, DIRECTOR, ARKANSAS
DEPARTMENT OF CORRECTION, APPELLEE.
No. 90-2438EA.
United States Court of Appeals, Eighth Circuit.
Submitted September 4, 1990.
Decided September 4, 1990.
Application to Vacate Denied September 5, 1990.
John Wesley Hall, Jr., Little Rock, Ark., for appellant.

Jack Gillean, Little Rock, Ark., for appellee.
On Appeal from the United States District Court for the Eastern District of Arkansas; G. Thomas Eisele, U.S.D.C., Judge.
Before ARNOLD and MAGILL, Circuit Judges, and ROSS, Senior Circuit Judge.
PER CURIAM.
[1] We have before us, in addition to the underlying appeal and a motion for stay of execution, a motion of appellant to remand to the District Court for the taking of additional proof. The motion to remand is supported by certain exhibits. Appellant has moved for leave to file exhibits E and F under seal.

[2] The motion for leave to file exhibits E and F under seal is granted.

[3] The motion to remand is granted, and the cause is remanded to the District Court with directions to hold an evidentiary hearing on the allegations contained in the motion to remand as soon as practicable, and to certify its findings of fact back to this panel.

[4] In the meantime, the motion for stay of execution is granted, and the execution of the sentence of death, now scheduled for 9 p.m. on Wednesday, September 5, 1990, isPage 270hereby stayed until further order of this Court.

[5] It is so ordered.Page 924