JEROME BOWDEN, PETITIONER-APPELLANT,
v.
RALPH KEMP, WARDEN, RESPONDENT-APPELLEE
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The court held that the district court's dismissal of the successive habeas petition was correct, and the petitions for a certificate of probable cause and stay of execution are denied.
Petitioner's successive petition for a writ of habeas corpus was dismissed by the district court, which also denied a certificate of probable cause to…
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BY THE COURT:
The United States District Court for the Middle District of Georgia has dismissed petitioner’s successive petition for the writ of habeas corpus and denied petitioner a certificate of probable cause to appeal. Presently pending is his petition for a certificate of probable cause and for his stay of execution pending appeal.
The petition presents only one issue involved in Grigsby v. Mabry, 758 F. 2d 226 (8th Cir.1985), cert. granted sub nom. Lockhart v. McCree, — U.S. —, 106 S.Ct. 59, 87 L.Ed.2d — (1985). In this Circuit, prior to and since Grigsby, we have rejected that contention. See Jenkins v. Wainwright, 763 F. 2d 1390 (11th Cir.1985), Martin v. Wainwright, 770 F. 2d 918 (11th Cir.1985), and Smith v. Balkcom, 660 F. 2d 573, 575-84, (5th Cir. Unit B 1981), modified, 671 F. 2d 858 (5th Cir. Unit B 1981), cert. denied, 459 U.S. 882, 103 S.Ct. 181, 74 L.Ed.2d 148.
Since granting certiorari in Grigsby, the Court has stayed executions in Celestine v. Blackburn, — U.S. —, 106 S.Ct. 31, 87 L.Ed.2d 707(1985), and Moore v. Blackburn, 774 F. 2d 97 (1985). It is asserted that these two stays by the High Court were granted because of the Grigsby issue involved in each of them; the orders granting those stays do not sufficiently advise us of the basis for them.
Under the precedent binding us in this Circuit, the District Judge’s dismissal of the successive petition is correct and the petitions for certificate of probable cause and stay of execution are without merit. Were we to grant CPC and reach the merits of the proposed appeal on consideration of the petition for stay of execution, See Barefoot v. Estelle, 463 U.S. 880, 103 S.Ct. 3383, 77 L.Ed.2d 1090 (1983), we should be bound to affirm the district court. The grant of the writ of certiorari in Grigsby is no authority to the contrary; any implications to be drawn therefrom may be discerned by application to the Supreme Court.
The petition for certificate of probable cause is DENIED.
The petition for stay of execution is DENIED.
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Schwab v. Sec'y, Dep't OF Corr., Other Unknown Emps. & Agents, Fla. Dep't of Corr., 507 F.3d 1297 (11th Cir. 2007)…any implications to be drawn [from the grant of certiorari in the other case] may be discerned by application to the Supreme Court” (internal marks and citations omitted) (quoting Jones v. Smith, 786 F. 2d 1011, 1012 (11th Cir.1986); Bowden v. Kemp, 774 F. 2d 1494, 1495 (11th Cir.1985)); see also Ritter v. Thigpen, 828 F. 2d 662, 665-66 (11th Cir.1987) (“A grant of certiorari does not constitute new law.”); Bowden, 774 F. 2d at 1495 (holding that a grant of certiorari is not authority to the contrary of bindi…
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Rutherford v. Crosby, 438 F.3d 1087 (11th Cir. 2006)…9 (11th Cir.1986) (“[A]ny implications to be drawn [from a grant of certio-rari in another case] may be discerned by application to the Supreme Court.”) (citation omitted); Jones v. Smith, 786 F. 2d 1011, 1012 (11th Cir.1986) (same); Bowden v. Kemp, 774 F. 2d 1494, 1495 (11th Cir.1985) (same). The district court was correct to dismiss the § 1983 complaint in this case on the basis of our decisions in the Hill and Robinson cases. As required by our prior panel precedent rule, we affirm the district court’s di…
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Jones v. Smith, 786 F.2d 1011 (11th Cir. 1986)…ons about capital punishment and noted her reluctance to consider imposing the death penalty. She did not indicate that her views would prevent her from fairly judging guilt or innocence. This Court is in much the position it was in Bowden v. Kemp, 774 F. 2d 1494 (11th Cir.1985). The Eleventh Circuit has consistently rejected the contention accepted by the Eighth Circuit in Grigsby. Martin v. Wainwright, 770 F. 2d 918, 938 (11th [*1012] Cir.1985); Jenkins v. Wainwright, 763 F. 2d 1390, 1393 (11th Cir.1985);…1 / 2
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Barefoot v. Estelle, 463 U.S. 880 (U.S. 1983)
- Tison v. Arizona (two cases), 459 U.S. 882 (U.S. 1982)
- Nollie Lee Martin v. Louie L. Wainwright, 770 F.2d 918 (11th Cir. 1985)
- Smith v. Balkcom, 660 F.2d 573 (5th Cir. 1981)
- Smith v. Balkcom, 671 F.2d 858 (5th Cir. 1982)
- Grigsby v. Mabry, 758 F.2d 226 (8th Cir. 1985)
- Moore v. Blackburn, 774 F.2d 97 (5th Cir. 1985)
- Jenkins v. Louie L. Wainwright, 763 F.2d 1390 (11th Cir. 1985)