KEMP v. SMITH

No. A-133.

463 U.S. 1321 (1983)

104 S.Ct. 6

77 L.Ed.2d 1424

KEMP, SUPERINTENDENT, COLUMBIA DIAGNOSTIC AND CLASSIFICATION CENTER v. SMITH.

Supreme Court of United States.

Decided August 24, 1983.


JUSTICE POWELL, Circuit Justice.

Respondent Smith, a convicted murderer, is scheduled to be executed by the State of Georgia at 8 a. m. tomorrow, Thursday, August 25.

At about 4:25 p. m. on August 23, the Court of Appeals for the Eleventh Circuit—reversing the District Court—granted a stay of execution. Its brief opinion stated that substantial issues were raised in this habeas corpus proceeding that justified review of their merits. Judge Hill...

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