Legal Opinion
James E. Messer, Jr. v. Ralph Kemp, Warden Georgia Diagnostic and Classification Center
Court of Appeals for the Eleventh Circuit
Decided April 30, 1985No. 84-8376PublishedCited by 61 opinions
1Opinion of the Court
FAY, Circuit Judge:
James Messer, Jr. was convicted of murder and kidnapping with bodily injury in the Superior Court of Polk County, Georgia on February 8, 1980, and was sentenced to death on both charges. On November 23, 1982, after exhausting his state remedies,1 Messer filed a petition for writ of habeas corpus before the United States District Court for the Northern District of Georgia. The district court denied the petition and Messer appeals. On appeal, petitioner claims that (1) the trial court erred in not declaring a mistrial after an outburst by the victim’s father in the presence…
2Cases cited13 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Earl Wayne Wiley v. Dewey Sowders, Superintendent, Kentucky State ReformatoryCourt of Appeals for the Sixth Circuit · 1981
- Atchison, Topeka & Santa Fe Railway Co. v. MarshSupreme Court of the United States · 1981
- Charlie Young, Jr., Cross-Appellant v. Walter Zant, Warden, Georgia Diagnostic & Classification Center, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1982
- Amos Lee King, Jr. v. Charles G. Strickland, Jr., Warden, Florida State Penitentiary, Louis L. Wainwright, and Jim Smith, Attorney GeneralCourt of Appeals for the Eleventh Circuit · 1984
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3Cited by61 opinions
- State v. BibleArizona Supreme Court · 1993
- Faraga v. StateMississippi Supreme Court · 1987
- State v. TokmanMississippi Supreme Court · 1990
- Bernard Bolender, A/K/A Bernard Bolander v. Harry K. Singletary, Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 1994
- People v. CornwellCalifornia Supreme Court · 2005
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