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FLEMING v. KEMP

No. 86-8476.

837 F.2d 940 (1988)

Son H. FLEMING, Petitioner-Appellant, v. Ralph KEMP, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 27, 1988.

Attorney(s) appearing for the Case

Kathryn O'Shields Shapiro, Powell, Goldstein, Frazer & Murphy, Kenneth A. Shapiro, Paul, Hastings, Janofsky & Walker, Atlanta, Ga., for petitioner-appellant.

Mary Beth Westmoreland, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before FAY, JOHNSON and CLARK, Circuit Judges.

PER CURIAM:

Son H. Fleming was scheduled for execution on June 27, 1986. On June 25, 1986, the United States District Court for the Middle District of Georgia dismissed Fleming's second federal habeas corpus petition on "abuse of the writ" grounds and thus refused to grant Fleming a stay of execution. Fleming v. Kemp, 637 F.Supp. 1547 (M.D.Ga.1986). On June 27, 1986, this panel stayed Fleming's execution because he presented...

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