Legal Opinion
Allen Lee Davis v. Richard L. Dugger, Robert A. Butterworth
Court of Appeals for the Eleventh Circuit
Decided November 17, 1987No. 86-3726PublishedCited by 20 opinions
1Opinion of the Court
KRAVITCH, Circuit Judge:
In this case we must determine whether a district court may dismiss a first federal habeas corpus petition as an abuse of the writ because the petition was filed on the eve of the petitioner’s scheduled execution. We conclude that the scheduling of an execution does not, in and of itself, create a basis for dismissing a petition under the abuse of the writ doctrine, codified in Rule 9 of the Rules Governing Section 2254 Cases.
I
On February 4, 1983, petitioner Allen Lee Davis was convicted of three counts of first-degree murder in connection with the deaths of Nancy…
2Cases cited26 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Rose v. LundySupreme Court of the United States · 1982
- Barefoot v. EstelleSupreme Court of the United States · 1983
- Sanders v. United StatesSupreme Court of the United States · 1963
21 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Theodore Robert Bundy v. Richard L. Dugger, Secretary, Department of Corrections, State of FloridaCourt of Appeals for the Eleventh Circuit · 1988
- Calvin Gunn v. Lanson Newsome, WardenCourt of Appeals for the Eleventh Circuit · 1989
- Lamone Lauderdale-El v. Indiana Parole BoardCourt of Appeals for the Seventh Circuit · 2022
- Johnny Isaiah Prather v. Joe NormanCourt of Appeals for the Eleventh Circuit · 1990
- Moseley v. ScullyDistrict Court, E.D. New York · 1995
15 more not listed; retrieve them via the Exa API.