Appeals Court Stays Stipe Testing Order

The 10th U.S. Circuit Court of Appeals today stayed an Oklahoma federal judge's order for former state Senator Gene Stipe to report to a federal hospital for mental competency testing.

The order by the 10th U.S. Circuit Court of Appeals gives federal prosecutors in Muskogee until 2 p.m. CDT today to respond to Stipe's emergency request. The judges said they will give further consideration to Stipe's request after they receive a response from the prosecutors.

U.S. District Judge Ronald White ordered Stipe to undergo testing at a secured federal facility in Springfield, Mo., after Stipe's comptency came under question during a parole revocation hearing. Stipe and his attorneys had resisted the order, arguing Stipe could be tested locally. Testing in Missouri might interupt Stipe's chemotherapy treatment, his attorneys argued. White refused Stipe's appeal on the same issue Wednesday.

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