James Messer, Jr. v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center

Eleventh Circuit

James Messer, Jr. v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center

794 F.2d 572, 1986 U.S. App. LEXIS 36964

Court of Appeals for the Eleventh Circuit·Decided July 8, 1986·No. 86-8506·Published·Cited by 2 cases

Opinion

ORDER

BY THE COURT:

The district court denied petitioner’s petition for habeas corpus late yesterday, July 7, 1986. A notice of appeal from the district court’s denial of the petition for the writ of habeas corpus has been filed. An application for a certificate of probable cause and a stay of execution has also been filed in this court.

The stay of execution which had been entered by the district court has been ordered, by that court, to be lifted as of 12:00 noon today, July 8, 1986. This court has been advised that the state has scheduled petitioner’s execution for 10:00 a.m. on Wednesday, July 9, 1986.

The premises considered, and further considering that proceedings are going forward in this court today, it is ORDERED *573 that the execution of the death penalty upon petitioner is stayed until 10:00 a.m. on Wednesday, July 9, 1986.

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ORDER

BY THE COURT:

The district court denied petitioner’s petition for habeas corpus late yesterday, July 7, 1986. A notice of appeal from the district court’s denial of the petition for the writ of habeas corpus has been filed. An application for a certificate of probable cause and a stay of execution has also been filed in this court.

The stay of execution which had been entered by the district court has been ordered, by that court, to be lifted as of 12:00 noon today, July 8, 1986. This court has been advised that the state has scheduled petitioner’s execution for 10:00 a.m. on Wednesday, July 9, 1986.

The premises considered, and further considering that proceedings are going forward in this court today, it is ORDERED *573 that the execution of the death penalty upon petitioner is stayed until 10:00 a.m. on Wednesday, July 9, 1986.

James Messer, Jr. v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, 794 F.2d 572, 1986 U.S. App. LEXIS 36964 (11th Cir. 1986).

Pincite

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Opinion

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