Legal Opinion

Messer v. Kemp

District Court, N.D. Georgia

Decided July 7, 1986No. Civ. A. C86-173RPublishedCited by 2 opinions

1Opinion of the Court

ORDER

ROBERT H. HALL, District Judge.

James Messer, Jr., who is scheduled to be executed before July 9, 1986, petitions this court for a writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254. This court has stayed petitioner’s execution pending a full review of the issues raised by the petition. For the reasons set forth herein, the court DENIES prisoner’s petition, and accordingly lifts the stay of execution. FACTS

Petitioner, James E. Messer, Jr., was indicted by the grand jury of Polk County, Georgia, during the November Term, 1979, for kidnapping with bodily injury and for the murder of Rhonda…

2Cases cited30 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Batson v. KentuckySupreme Court of the United States · 1986
  3. Gregg v. GeorgiaSupreme Court of the United States · 1976
  4. United States v. AgursSupreme Court of the United States · 1976
  5. Wainwright v. WittSupreme Court of the United States · 1985

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3Cited by2 opinions

  1. James Messer, Jr. v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, RespondentCourt of Appeals for the Eleventh Circuit · 1987
  2. James Messer, Jr. v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, RespondentCourt of Appeals for the Eleventh Circuit · 1987

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