Legal Opinion

Gilreath v. State Board of Pardons & Paroles

Court of Appeals for the Eleventh Circuit

Decided November 15, 2001No. 01-16409PublishedCited by 58 opinions

1Opinion of the Court

BY THE COURT:

This appeal is in a death penalty case in which the execution time is imminent. The case is before us on a motion for a stay of execution pending appeal. We earlier granted a stay until 8 o’clock in the afternoon on Thursday 15 November 2001. We will not dissolve that stay but decline a further stay.

This case arises from a claim that Appellant’s state clemency application was denied without the due process required by the Federal Constitution. The action was filed in district court not as a habeas proceeding (Mr. Gilreath had pursued habeas corpus relief previously and…

2Cases cited8 opinions

  1. Preiser v. RodriguezSupreme Court of the United States · 1973
  2. Ohio Adult Parole Authority v. WoodardSupreme Court of the United States · 1998
  3. Federal Election Commission v. NRA Political Victory FundSupreme Court of the United States · 1994
  4. Harold Lamont Otey v. Frank X. Hopkins, Warden of the Nebraska Penal and Correctional ComplexCourt of Appeals for the Eighth Circuit · 1994
  5. Okongwu v. RenoCourt of Appeals for the Eleventh Circuit · 2000

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3Cited by58 opinions

  1. Byron Ashley Parker v. The State Board of PardonsCourt of Appeals for the Eleventh Circuit · 2001
  2. Main Drug, Inc. v. Aetna U.S. Healthcare, Inc.Court of Appeals for the Eleventh Circuit · 2007
  3. Madhu SudhanKanapuram v. Director, US Citizenship and Immigration ServicesCourt of Appeals for the Eleventh Circuit · 2025
  4. Ronald Keith Spivey v. State Board of PardonsCourt of Appeals for the Eleventh Circuit · 2002
  5. Nelson v. CampbellCourt of Appeals for the Eleventh Circuit · 2003

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