Messer v. Kemp

Eleventh Circuit

Messer v. Kemp

794 F.2d 573, 1986 U.S. App. LEXIS 36965

CourtCourt of Appeals for the Eleventh Circuit

DecidedJuly 8, 1986

DocketNo. 86-8506

StatusPublished

Cited by3 cases

This text of 794 F.2d 573 (Messer v. Kemp) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Messer v. Kemp, 794 F.2d 573, 1986 U.S. App. LEXIS 36965 (11th Cir. 1986).

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Opinion

BY THE COURT:

We deny the application for a certificate of probable cause for the reasons stated by the district court in its opinion. We expand upon the conclusions therein to the extent that were we to consider the Ake claim on its merits we would find that petitioner has failed to make out a “colorable claim” based upon the record presented. Multiple requests for funds for a private psychiatric examination, standing alone, are insufficient.

The stay of execution entered earlier expires at 10:00 a.m. E.D.T. on Wednesday, July 9, 1986.

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BY THE COURT:

We deny the application for a certificate of probable cause for the reasons stated by the district court in its opinion. We expand upon the conclusions therein to the extent that were we to consider the Ake claim on its merits we would find that petitioner has failed to make out a “colorable claim” based upon the record presented. Multiple requests for funds for a private psychiatric examination, standing alone, are insufficient.

The stay of execution entered earlier expires at 10:00 a.m. E.D.T. on Wednesday, July 9, 1986.

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Bluebook (online)

794 F.2d 573, 1986 U.S. App. LEXIS 36965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/messer-v-kemp-ca11-1986.

Opinion

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