Legal Opinion · Concurring in part, dissenting in part
James Messer, Jr. v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent
Court of Appeals for the Eleventh Circuit
Decided November 30, 1987No. 86-8506Published
1Concurring in part, dissenting in partFay, Circuit Judge
Most respectfully, I dissent from that portion of the majority opinion finding jurisdiction in our court. As set forth in the procedural history of this matter, a panel of our court denied the requests for a certificate of probable cause and for a stay of execution. Immediately thereafter, petitioner sought and obtained relief in the Supreme Court. On July 9, the Supreme Court granted a stay of execution and set a deadline for the filing of papers. Clearly, the Supreme Court exercised its jurisdiction and “took the case.” Almost three weeks later, petitioner filed a petition for rehearing and…
2Cases cited21 opinions
- Barefoot v. EstelleSupreme Court of the United States · 1983
- Ake v. OklahomaSupreme Court of the United States · 1985
- Sanders v. United StatesSupreme Court of the United States · 1963
- Kuhlmann v. WilsonSupreme Court of the United States · 1986
- Carzell Moore v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, RespondentCourt of Appeals for the Eleventh Circuit · 1987
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