James Messer, Jr. v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center

U.S. Court of Appeals for the Eleventh Circuit January 5, 1987

James Messer, Jr. v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, 808 F.2d 757 (11th Cir. 1987)

1987 U.S. App. LEXIS 1305

Roney, Godbold, Tjoflat, Hill, Fay, Vance, Kravitch, Johnson, Hatchett, Anderson, Clark, Edmondson

Opinion

ON SUA SPONTE RECONSIDERATION

BY THE COURT:

A majority of the judges in active service have voted in favor of rehearing en banc the application for certificate of probable cause and motion for stay of execution. The order dated September 5, 1986, 801 F.2d 404, denying rehearing and rehearing en banc previously entered has been VACATED by a prior order.

IT IS ORDERED that this case shall be heard by this court sitting en banc, with oral argument, on a date hereafter to be fixed. In addition to briefing the issues on the application for certificate of probable cause, the parties are requested to address the merits of the issues which would be presented if a certificate of probable cause were issued, and the jurisdiction of the court to hear this matter en banc. The clerk will specify a schedule for filing en banc briefs.

Reference

Full Case Name: James MESSER, Jr., Petitioner-Appellant, v. Ralph KEMP, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellee
Cited By: 3 cases
Status: Published