Son H. Fleming v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center

Son H. Fleming, who is scheduled to be executed on June 27, 1986, petitions this Court for a certificate of probable cause to appeal (CPC), for permission to present his application in forma pauperis (IFP), for a stay of execution and for relief on his second habeas corpus application. We determine that Fleming’s habeas petition presents issues that “are debatable among jurists of reason,” Barefoot v. Estelle, 463 U.S. 880, 893 n. 4, 103 S.Ct. 3383, 3394 n. 4, 77 L.Ed.2d 1090 (1983), and that are taken in good faith, 28 U.S.C.A. § 1915(a); thus, we GRANT petitioner’s request for certificate…