Messer v. Kemp

Eleventh Circuit Court of Appeals

Decided July 8, 1986.

Rehearing and Rehearing En Banc Denied Sept. 5,1986.

Eleventh Circuit Court of Appeals · decided 1986-07-08

2 counsel of record

Key passage — most relied on by later courts

“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.”

quoted by 1 later decision, including Messer v. Kemp

Applies 7 U.S.C. § 18 · 7 U.S.C. § 6B · 7 U.S.C. § 9

Relies on Chipser v. Kohlmeyer & Co. · 461 F. Supp. 951 - Leib v. Merrill Lynch, Pierce, Fenner & Smith · Moody v. Bache & Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1986-07-08

How this case has been cited

Cited by 24 later decisions — most recently May 2019

21 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1See also, 11th Cir., 794 F.2d 572.

¶2Howard Manchel, Robert L. McGlasson, Atlanta, Ga., for petitioner/appellant.

¶3Mary Beth Westmoreland, Asst. Atty. Gen., William B. Hill, Sr. Asst. Atty. Gen., Atlanta, Ga., for respondent/appellee.

¶4Before RONEY, HILL and FAY, Circuit Judges.

¶5BY THE COURT:

¶6We 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.

¶7The stay of execution entered earlier expires at 10:00 a.m. E.D.T. on Wednesday, July 9, 1986.