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A federal appeals court has cleared the way for a Missouri death row inmate to be executed Tuesday and ordered his petition for post-conviction relief dismissed, despite questions raised about evidence used to convict him.

The Sunday decision by the 8th U.S. Circuit Court of Appeals vacates a 30-day stay of execution granted Friday to Walter Barton by a federal judge.

The execution would be the first in the U.S. since March 5 and is scheduled despite concerns about the coronavirus that prompted other states to postpone lethal injections. Barton, 64, is set to die by lethal injection for the 1991 killing of 81-year-old trailer park operator Gladys Kuehler.

Kuehler was beaten, sexually assaulted and stabbed more than 50 times in Ozark, near Springfield. The federal judge on Friday had decided the court needed more time to consider issues raised by Barton’s attorneys, including new concerns about blood spatter evidence used to convict him.




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