Kemp, Superintendent, Georgia Diagnostic and Classification Center v. Smith

Justice Powell, Circuit Justice.

On August 23,1983, the Court of Appeals for the Eleventh Circuit granted respondent Smith a stay of execution pending consideration of the merits of Smith’s petition for habeas corpus. In its opinion, the Court of Appeals stated that the petition raised substantial issues that warranted review. The Attorney General filed an application with me as Circuit Justice requesting that I dissolve and vacate the stay. I denied the application. See ante, p. 1321.

On September 9, the Court of Appeals — after a hearing on the merits — denied Smith’s petition for habeas…