U.S. Court of Appeals for the Eleventh Circuit, 1986

Messer v. Kemp

U.S. Court of Appeals for the Eleventh Circuit · Decided July 8, 1986

794 F.2d 573; 1986 U.S. App. LEXIS 36965 (Federal Reporter, Second Series)

Counsel

Howard Manchel, Robert L. McGlasson, Atlanta, Ga., for petitioner/appellant., Mary Beth Westmoreland, Asst. Atty. Gen., William B. Hill, Sr. Asst. Atty. Gen., Atlanta, Ga., for respondent/appellee.

Cases that cite this one

2 later published cases cite this decision.

James Messer, Jr. v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent (11th Cir. 1987)
Messer v. Kemp (11th Cir. 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

BY THE COURT:

We deny the application for a certificate of probable cause for the reasons stated by the district court in its opinion. We expand upon the conclusions therein to the extent that were we to consider the Ake claim on its merits we would find that petitioner has failed to make out a “colorable claim” based upon the record presented. Multiple requests for funds for a private psychiatric examination, standing alone, are insufficient.

The stay of execution entered earlier expires at 10:00 a.m. E.D.T. on Wednesday, July 9, 1986.

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