General Legal Files

    CHANGE IN INTERNAL OPERATING PROCEDURES 
  

PLEASE NOTE that trial exhibits will not be transmitted to this Court, but will remain on 

file with the district court clerk for examination by the parties. If a party deems it 

essential that this court have the exhibit to understand or verify the argument, that party 

should by letter to the district court clerk request that the specified exhibit be 

transmitted to this court. Contraband or dangerous exhibits will not be sent except by 

court order. Counsel must arrange at their own expense, transportation to and from this 

office of oversized exhibits [C.R. 14(b)]. : 

  

 



NOTICE 

In January, 1984 the Court directed that the Clerk will allow as costs on appeal to the 

prevailing party expenses incurred in reproduction of briefs, appendices and record 

excerpts at the following flat rates (including covers, tables and indices): 

Any form of reproduction by a commercial firm (supported by receipts): $.25 per 

page or actual costs, whichever is less 

Any other form of reproduction (no receipt required): $.15 per 

page, or actual costs, whichever is less. 

[See F.R.A.P. 39, Circuit Rule 28, I1.0.P. IV(F)] 

Pursuant to Circuit Rule 28, these rates will be applied to up to 15 copies of briefs and 

up to ten copies of an appendix or record excerpts, unless advance approval is obtained 

from the Clerk for additional copies (e.g. to serve numerous parties). 

Please note that these limitations will apply henceforth to all forms of reproduction. Any 

appeal in which the briefing schedule is commenced after February 1, 1984 is subject to 

these new limitations.  



LJ 

LJ    
> 

: Hnited States Court of Appeals x ; 
ELEVENTH CIRCUIT 

SPENCER D. MERCER OFFICE OF THE CLERK IN REPLYING, GIVE NUMBER 
CLERK 

88 FORSYTH STREET, N.W. OF CASE AND NAMES OF PARTIES 

ATLANTA, GEORGIA 30303 

February 29, 1984 

Ms. Mary Beth Westmoreland 
Assistant Attorney General 
132 State Judicial Bullding 
40 Capitol Square, S.W. 
Atlanta, Georgia 30334 

NO. 84-8176 
WARREN MCCLESKEY ~-v- WALTER D. ZANT 

(No. C81-2434n) 

The above captioned case has today been docketed in this Court. Please use the referenced 
appellate case number in future inquiries. 

Federal Rules of Appellate Procedure (F.R.A.P.) Rule 10(b) requires an appellant to complete the 
appeal information sheet provided by the District Court Clerk within ten days of the filing of a 
notice of appeal. Failure to timely order the transcript can result in dismissal of this appeal. 
Taylor v. S & D Enterprises, Ltd., 601 F.2d 175 (5th Cir. 1979). 
  

Unce you have submitted completed, signed copies of the appeal information sheet to this court and 
the ccurt reporter and have made satisfactory financial arrangements with the reporter for 
-roduction of the transcript, your obligations under F.R.A.P. 10 are fulfilled. This office will 
coordinate with the court reporter the time for filing the transcript and you will be informed of 
any time extensions given to the reporter. Information regarding the briefing of this appeal will 
oe furnished to all parties following the filing of the record on appeal in this court. 

rLEASE NOTE that trial exhibits will not be transmitted to this Court, but will remain on file with 
the district court for examination by the parties. If a party deems it essential that this court 
nave the exhibit to understand or verify the argument, that party should by letter to the district 
court clerk request that the specified exhibit be transmitted to this qourt. Contraband ar 
iangerous exhibits will not be sent except by court order. Counsel must arrange at their own 
expense, transportation to and from this office of oversized exhibits [C.R. (Db) ]. 

  

All counsel desiring to appear must sign and return the enclosed appearance form within fifteen 
(15) days from this date as required by Circuit Rule 7. Failure to do so will result in your name 
being stricken from the appeal docket and mailing list. Persons appearing pro se need not 
complete and return an appearance form. 

  

  

An asterisk indicates that the $65.00 docket fee and $5.00 filing fee (total of $70.00) has 
Trot yet been paid to the district court clerk for each notice of appeal filed, as required 

by F.R.A.P. 3(e). Unless the fee is paid with notice of such payment to this office within 
fifteen (15) days from the date of this letter, this appeal will be subject to dismissal 
without further notice pursuant to Circuit Rule 16(b). 

  

Sincerely, 

cc: Robert H. Stroup SPENCER D. MERCER, CLERK 

; : By: x 8 

  

Deputy Clepk 

PKT-2-0CV 

 



  

dnited States Court of Appeals 
ELEVENTH CIRCUIT 

SPENCER D. MERCER OFFICE OF THE CLERK IN REPLYING, GIVE NUMBER 
CLERK 

56 FORSYTH STREET, N.W. OF CASE AND NAMES OF PARTIES 

ATLANTA, GEORGIA 30303 

March 6, 1984 

Mr. Robert H. Stroup 
1515 Healey Building 
57. Forsyth ‘Street, N.W. 
Atlanta, Georgia 30303 

NO. 84-8176 : 

WARREN MCCLESKEY =-v- WALTER D. ZANT 

(No. C81-2434A) 

The above captioned case was this date docketed in our court. Please use the referenced case 
number for future inquiries. 

PLEASE NOTE that trial exhibits will not be transmitted to this court, but will remain on file 
with the district court for examination by the parties. If a party deems it essential that this 
court have the exhibit to understand or verify the argument, that party should by letter to the 
district court clerk request that the specified exhibit be transmitted to this court. 
Contraband or dangerous exhibits will not be sent except by court order. Counsel must arrange 
at their own expense, transportation to and from this office of oversized exhibits [C.R. 
14(b) J. 

  

All counsel desiring to appear in this case must sign and return within fifteen (15) days from 
this date the attached appearance form as required by Circuit Rule 7. Failure to do so will 
result in your name being stricken from the appeal docket and mailing list. 

  

  

Sincerely, 

P.S. Appearance forms sent with 
the main appeal. 

ce? Von Greenberg : / Llon orl 

Mary Beth Westmoreland, AAG By: Aw J 
"“Peputy Clerk 

SPENCER D. MERCER, CLERK 

  

a 

DKT-1 

 



78 BPRING STREET, 8.W, 

ATLANTA. GEORGIA 303353    March 6, 1983 

  

  

© Mr. Spencer D. Mercer, Clerk D.C. No. C81-2434A 
' United States Court-of Appeals, Eleventh Circuit 

A 56 Forsyth Street, N.W., Room 100 U.S.C.A. No. _R4-8176 
. Atlanta, Georgia 30303 | ; 

} . 
In Re: WARREN MCCLESKEY -vs- ZANT 

Eholossd are documents regarding an appeal in this matter. Please acknowledge receipt on t 
enclosed copy of this letter. 4 

Certified copy of notice of appeal, docket entries, Judgment and opinion/order appea 
from, enclosed. If opinion/order was oral, please check box. | | 

  

First Notice of Appeal: Yes No Date(s) of other notices: 

X Certified record on appeal consisting of: 

5 Volume(s) of pleadings, etec.; 11 Volume(s) of transcripts; 

  

1 OR (AI of exhibits/deposdbdons: Other: 2 Vols. of State Transcripts w/2 vols of Exhibits (1) pleading in spearate binder. 
There was no hearing from which a transcript could be made. 
  

Copy of CJA form appointing counsel. 

The following materials were SEALED in this court (order enclosed): 

  

The appellate docket fee has been paid Yes No; Date(s) paid 
  

Appellant has been granted/denied leave to appeal in forma pauperis (copy of orde 
granting/denying IFP and/or Certificate of Probable Cause is enclosed). : 

An appeal bond has been posted -Cost Bond Supersedeas Bond 

The Judge or Magistrate appealed from is 
  

The court reporter(s) are 
  

This is an appeal of a bankruptcy order. Bankruptcy Judge: 
  

This is a DEATH PENALTY appeal. Xx 
. Sincerely, - 

BEN H. CARTER, Clerk 

. 
Deputy Clerk 

 



Hited States Court of Appeals 
ELEVENTH CIRCUIT 

SPENCER D. MERSER BR OFFICE OF THE CLERK IN REPLYING, GIVE NUMBER 

CLERK 
38 FORSYTH STREET, NW. 

QF CASE AND NAMES OF PARTIES 

ATLANTA. GEORGIA 30303 

March 7, 1984 

    
Ms. Mary Beth Westmoreland 

Assistant Attorney General 
132 Skate Judicial Building 
40 Capitol Square, S.W. 
Atlanta, Georgia 30334 

No. 84-8176 3 
WARREN MCCLESKEY =-v- WALTER D. ZANT, Warden 

(No. C81-24343) 
  

Pursuant to Rule 12 of the Federal Rules of Appellate Procedure, you are hereby 

notified that the record on appeal has this day been filed. THE BRIEF FOR APPELLANT 

IS NOW DUE WITHIN 40 DAYS FROM THIS DATE in accordance with Rule 31 FRAP. See FRAP 

28 and 31 and Circuit Rule 22 as to the content of and time for filing briefs. 

An appendix to brief prescribed by FRAP 30 is not required. See Circuit Rule 22(a) 

for the excerpts from the record which are to be filed in lieu of an appendix. 

4 If the original record on appeal is needed to prepare your brief, it will be 

made available to you upon written request. 

[iJEnclosed i$ the original record for your use in preparing your brief and the 

excerpts above referred to. This record may be forwarded to opposing counsel 

at the time your brief is served so long as we are informed of its transmis- 

sion, or you may return the record to this office. Opposing counsel will be 

required to return the record to this office. Please note that we are author- 

ized to loan official government records and exhibits only for your conven- 

ience. Special care should be taken for their safe handling and return. The 

willful mutilation, obliteration, or destruction of U.S. Court records in your. 

custody is a criminal act (18 USCA Section 2071). fo 

[]This letter will also serve as a reminder of the court's plan for expediting 

criminal appeals wherein you are expected to file your brief within the period 

fixed by the rules without requesting an extension. FOR THE BENEFIT OF COUN- 

SEL IN MULTIPLE PARTY CASES, ACCESS TO THE RECORD WILL NOT BE CONSIDERED 

GROUNDS FOR EXTENDING THE TIME FOR THE FILING OF THE BRIEF. 

Enclosed: 16.vols. of record Sincerely yours, 
in two large boxes. 

SPENCER D. MERCER, Clerk 

Cc: Robert H. Stroup 

| Jack Greenberg /) ny, 

: By: JA An No Vpn Gey 
Deputy Clerk 
  

BR-1 
(Rev. 5/82) 

 



  

RULE 22. RECORD EXCERPTS, APPENDIX, AND BRIEFS 

(a) Record Excerpts and - als from District Court and Tax Court. Appeals 
from district courts the tax court s on original record without requirement of the 
appendix prescribed by FRAP 30. When appellant files his brief, he shall file four copies of the 
following porticas, and only the following portions of the district court record, to be bound 
together but not in the brief: 

(1) the district court docket sheet; 

(2) the indictment, informstion, or complaint as amended; 

(3) the answer, counterclaim, cross-claim, snd replies thereto; 

(4) those parts of any pretrial order relative to the issues on appeal; 

(5) the judgment or interlocutory order appealed from; 

(6) any other order or orders sought to be reviewed; 

(7) any supporting opinion, findings of fact and conclusions of law filed or 
delivered orally by the court, and 

(8) if the correctness of a jury instruction is in issue, the instruction ia 
question and any other relevant part of the jury charge. 

These copies shall be reproduced on white paper by any duplicating or copying process 
capable of producing a clear black image, with a cover sheet bearing the case number and style 
and captioned "Record Excerpts.” Record excerpts shall be assembled with a front and back dur- 
able, thick covering and shall be bound across the top with a secure fastener. 

(b) Record Excerpts and Appendix = Agency Review froanedings. Petitions for review of 
orders of am administrative agency, board, commission or officer proceed on the original 
record on review, without the requirement of the appendix prescribed by FRAP 30. 

If a certified list of documents comprising the record is filed in lien of the formal 
record, petitioner shall obtain from the sgency, board, or commission a certified copy of the 
portions of the record relied upon by the parties in their briefs, to be numbered and indexed aad 
filed within 21 days from the date of filimg of respondent's brief, with a suitable cover bearing 
the case number and style and captioned "Record Excerpts.” 

Except in review proceedings covered by 11th Cir. R. 20, petitiomer shall file sepa- 
rately with the brief four copies of "Record Excerpts” consisting of any order sought to be 
reviewed and any supporting opinion, findings of fact and conclusions of law filed by the agency, 
board, commission or office:x. : 

(c) Briefs - HE Except by permission of the court, principal briefs shall not 
exceed 50 pages (except t the opening brief of an appellant shall not exceed 55 pages) and 
reply briefs shall not exceed 25 pages, exclusive of materials referred to in subparagraphs 
(£)(1) through (5), and any addendum containing statutes, rules, or regulations, regardless of 
the form of printing or reproduction used. Motions for leave to file briefs in excess of the 
page requirements of this rule must be filed at least 10 dsys in advance of the due date of the 
brief. The court looks with disfavor upon motions to exceed the page limitation and will only 
grant such a motion for extraordinary and compelling reasons. 

(d) Briefs - Form. The cover of the brief must clearly indicate the name of the party 
on whose behalf the brief is filed. Each copy, vhether produced by a commercial printing or 
duplicating firm or otherwise, must, in addition to complisnce with FRAP, have a cover of durable 
quality on both front and back sides, and shall be securely bound by three heavy staples or other 
secure binding device along the left-hand margin so as to insure that the bound copy will not 
loosen or fall apart or the cover be detached by shipping and use. For color of covers, see FRAP 
32(s) and IOP IV F. 

Pages of briefs produced by any printing or duplicating process must have sufficient 
spacing between the lines of text to permit the briefs to be easily read. Within the type cha- 
racter limitation prescribed by FRAP 32, s brief produced by the standard typographic process 
should contain not more than 34 lines of text on a page with a proportionate adjustment to be 
msde for quoted matter or footnotes. Briefs produced by any duplicating or copying process shall 
got have more than 27 lines of text, with appropriate adjustment to be made for single-space 
quoted matter or footnotes. Elite, or type similar thereto, shall not be considered ll-point 
type. A typed brief should be double spaced, pica type or equivalent to include footnoted ma- 
terial. Footnotes, direct quoted material from other sources, and citations may be single 
spaced. 

Briefs produced by any duplicating process om 84 x 11 inch size paper shall use only 
one side of each sheet. 

Unless each copy of the brief, in the judgment of the clerk, conforms to this rule and 
to provisions of FRAP 32, the clerk at his discretion may either return nonconforming copies 
unfiled for refiling after submission in the proper form or, in order to minimize delay, may have 

BR-12 

(Rev. 12/82) 

 



ome sgamcoaformicg <opies esgreszed aad Bill =e Pasty £iling the asacoaformizg copies far t=e 

expense sserwof. 

  

{e) 3rigés ~ usher of Cooiss. Sevea copies af driefs shall Be filed a aill.cases-. 

  

(£) 3raefs = Castents. Baca prizeipst ad amacus wrief s3all coasise, ia Re order 

oeheqx listed, of tie foilcwizg: 

(1) Tizle Page. Ilemencs Ro Se s3owm am the first page iaclude le came of 28:3 

egurt, hea case 3u=mter, 2ame of parties, jurigdiczien fe=m which the appeal is Being <3x23. 

ideztificaczen of ngief (e.3. appellant, app=ilee), 3 3tacemect segardizg 233CUre of prefegeacs 

(e.g. lecalestraat Grand Jury Witzess, Iabeas Carpus, 2acdasus}), ind ame of actarzey. 

(2) Cezsificace of Istarested Per3ycas. A ceseificate will Se furmished By <su=- 

sel for all private (1.42. aca-gover=mental) paItied, except im <Tizizal and assm3mai-gelacec 

cases, for both appellants aad appellees, vhick shall Be izcsrporaced sm Sle ext page sf eac2 

prief. It 3kall ecersify 3 Sswolets lise of che trial judge(s), all actarzeys, per3qas, assces- 

sciocns of persons, ¢iz=s, partaersnips,’ oF corpozatioas 33at nave 38 incesest ig Ze QuURSS3e af 

the pagticular case, igeluding subsidiaries, coaglcmerates, affiliates aad pare=c ¢3Eporatisas, 

aad other identifiable legal eatities czliaced S90 3 party. 

a (3) Stacesenmt Regsrdics Svefersnce. [3 additica £3 2s language 3a =2e f{issc 

sags 28 spief saall <smcain scatesent woethar Re Case is eacitled 2a preference il procss3izg 

and dispesisisa ind t= sasis for prefereancs. (See 1128 Ciz. 2. 11). 

ie ; (4) Stacesent Regarding Oral Arzument. Appellane's dries sBail isciude 3 seo 

stacesent af vaetlar or 3e¢ oral azguseat 3 des.ced, aod, if so Re ceascas “8y 3cal agguse=tc 

saould be 2eszd. Appellee’s dzief shall izclude a similar 3tacsseat. “ne csure vill acs3Ez 

seese statements due, shsugh 20t esatzallisg, veigat ia decarmining “aetaer ral irgumesat il Ye 

ngaed in She cass. Ses TRAP 14(s) aad (f) amd liza Ciz. R. 23(e). 
FY 

(3) Table of Castents amd Clecagicas. The tadle of csateats ind 3:23g€isas s3ai. 

igselude page cafsreaces saswviag “ne Locacions 8 ode brief of citations and Jeler seciioas == 

quased Jy sss rules and shall csataia astarssks in Be Iss designating 2e 323sicas ica 

vaich the party grimarzly Tallies. 

amr 

(4) Stacsmenc of =a Issues. 

(7) Statement of tie case. fz che statement of le case, is 13 all sczer secs 

icas of hs driaf, every -iasesiaa regarding after i3 28 ceeored sasll Se supporsed 37 3 sefer- 

smes %0 Soe veluma asd page ausber of toe origissl cecard vasre 2%e aagter smiled updd 3 33 se 

fsuad. . The stacement of ie cise shall isslude:  } 

(i) course af procsediags isd dispesiticus ia tle <aurt lelev; 

A 
5 

= (ii) a scacement of 3= f3ce3. A proper statemeat of f3e2s ceflsces 3 ize 

seandard of profsssicaslis=m. Is suse seats S3e facts accurately, 23se 4 

fsvecsble sod Close unfaverzble 3 338 JaFTT? faferences drawva Ica 

facts must le idegeified 33 sued 

(iii)s scacament of 222 sgcandard ar scope of saviev fap each 2s3a%egtlon. 

For example, vaere 2s ippesl is from a execTise 3% distress 3suzs 

: digerecios, Goiere shall de 3 seatement t33t 28e stamdard If TEview 

veeclsr tae diseTice Jsurt bused 18s diseTecisa. Toe 19Propriils 

seandard ar scope If rEView far acher <satextioas sBould le s:milaziv 

indicated, e.g... 2at tae diserice course esoed ia fsrmulaciag IF Biv. 

ing & rule of law; orf ease users 3 Lasufficieat evideacs 13 sugpert 

vezdice; or aac fact fiandizgs af 29g 2T3al judge are Silearly esTogequs 

under Ted.2.Clv.2. 32(3); or (ere ig a Lacx of subBscameial evideace .2 

tae record is 3 vacle 29 suppert tne faesual fiadings 3f im iacmiaistIiac 

give sgemacy, Jr Saat the ageacy's actiou. Sindizgs aad c3melusioes 

sould be ald ualawful 32d set 1s1de for 22 reasons sat forex 2 I 

g.5.C.a. § 706(2). 

(8) Summary sf 2s Argument. fa additicm 23 ke rTequisEsnats af TRAP 13, = 

speniag Sriefs af tie parties shall <sacaia @ summary 3£f argument, suitadly gacagrapged, seis 

saculd Ye a suecimes, But iccuracs and clear, condeasatisa of 53s argument IC2UWALLY 3aqe 3 22 

sedy of 288 brief. it spould 20¢ 3@ 3 ers crpeciticd af he :madings umdes $aLca le irgumeanc 

is arranged. [t should seldoe exceed Two iad asves five pages. 

Bs
 

to 

(9) Statement af Jurisdictisa. fica Yrief shall include & csmeise 3tacaseat 3€ 

che SC3LUBSEY SF atler Jdasis 2f =2e jurisdiction gf this 2surt, <38tainIRY eitatsons If iut3sralT 

“aes Qecessary. 

(10) A ¢ iad Ciszcions of Auchority. Cieagioms of autlority 3 Re 3rned 

sBail compiy “ied 22e cules If Sitacies a 3 Joiiorm system of citaesoa {132= ad. 1381). 37 iis 

‘see . -lizisa 3f =2ae 200k. Stace case cetereaces saouid alse <cit2 3aei08ai Se3erTIar ST3sSS 

cesecences i e.3. Soucsern leparces, Soutlsast leporzarc). 

(11) Cemeclusioa. A short <saclusios staging *8e precise celref sougat. 

12) -ee=ificace 2tf Sesvise. 
  

3) lesiv 2rief. A cesly Srief eed 33ataia aaly cems (£)(3). (3), (19), sma lol. 

oust att 9 le 2zriefs. "a ) c3se i3 <maS3 Jouasei 23s Seea ippoiated Iar 4 Latizanc. ize 

< ° lll 2@C toecsafcar receive 4 7rd ie riel Irom le Litzgaac.   

ls0s3 Refersace: TRAP 13, 13, 30, 11, 12. 16; C2 (VF. 

 



NOTICE 

In January, 1984 the Court directed that the Clerk will allow as costs on appeal to the 

prevailing party expenses incurred in reproduction of briefs, appendices and record 

excerpts at the following flat rates (including covers, tables and indices): 

Any form of reproduction by a commercial firm (supported by receipts): $.25 per 

page or actual costs, whichever is less 

Any other form of reproduction (no receipt required): $.15 per 

page, or actual costs, whichever is less. 

[See F.R.A.P. 39, Circuit Rule 28, I.O.P. IV(F)] 

Pursuant to Circuit Rule 28, these rates will be applied to up to 15 copies of briefs and 

up to ten copies of an appendix or record excerpts, unless advance approval is obtained 

* from the Clerk for additional copies (e.g. to serve numerous parties). 

Please note that these limitations will apply henceforth to all forms of reproduction. Any 

appeal in which the briefing schedule is commenced after February 1, 1984 is subject to 
these new limitations.  



Hnited States Court of Appeals 
ELEVENTH CIRCUIT 

SPENCER D. MERCER OFFICE OF THE CLERK IN REPLYING, GIVE NUMBER 

CLERK 856 FORSYTH STREET, N.W. OF CASE AND NAMES OF PARTIES 

ATLANTA, GEORGIA 30303 

March 28, 1984 

  

TO ALL COUNSEL OF RECORD 

82-8408 - James Lee Spencer v. Walter D. Zant 
82-8413 - Willie X. Ross v. Joe S. Hopper 
84-8176 - Warren McCleskey v. Walter D. Zant 
    

  

Enclosed is an order this date entered by the Court directing that appeal 82-8413, Ross v. 

Hopper, will be reheard en banc, with oral argument, and that appeal 84-8176, McCleskey v. 

Zant, will be initially heard by the Court sitting en banc. The order further directs 

that decision will be withheld by the en banc court in 82-8408, Spencer v. Zant, pending 

submission and consideration of 84-8176, McCleskey v. Zant, and 82-8413, Ross v. Hopper. 

Under Eleventh Circuit Rule 26, the effect of granting rehearing en banc in 82-8413, 

Ross v. Hopper, is to vacate the previous opinion and judgment of this Court in that 

case and to stay the mandate. 

  

  

Pursuant to this Court's direction for the clerk to specify a briefing schedule in 82-8413, 

Ross v. Hopper, for the filing of an original and fourteen (14) copies of en banc briefs, 

\o.i on 2ppellant will have until Friday, April 27, 1984, for filing of his en banc brief, with 

A \ appellee's en banc brief to be filed in this office not later than Tuesday, May 22, 1984. 

  

    

  

  

'In 84-8176, McCleskey v. Zant, at the Court's direction the opening brief of respondent/ 

appellant-cross-appellee shall be filed not later than Tuesday, April 10, 1984. The 

opening/answer brief of petitioner/appellee-cross-appellant shall be filed not later than 

Tuesday, May 8, 1984. The answer/reply brief of the respondent /appellant-cross—-appellee 

shall be filed not later than Thursday, May 31, 1984. If petitioner/appellee-cross- 

appellant desires to file a reply brief to the respondent's answer, it shall be filed 

not later than Friday, June 8, 1984. 

All en banc briefs must be on file in the clerk's office by the dates specified above. 
  

In 82-8413, Ross v. Hopper, counsel are also requested to furnish fifteen (15) copies 

of their opening (original panel) briefs and record excerpts for the use of the en banc 

Court not later than Friday, April 27, 1984. 
-* 

Sincerely, 

SPENCER D. MERCER, Clerk 

: 2 : 
vy NIG fp?) Cod Fane 

: Calendar Clerk va 
  

Michael J. Bowers, Esq. Robert H. Stroup, Esq./ , 

James P. Googe, Jr., Esq. Jack Greenberg, Esq. 2 

Marion 0. Gordon, Esq. James M. Nabrit, III, Ber 

William B. Hill, Jr., Esq. John Charles Boger, Esq. 

Mary Beth Westmoreland, Esq. Anthony G. Amsterdam, Esq. 

(counsel continued on Page 2) 

 



  

Virginia H. Jeffries, Esq. 

William Sumner, Esq. 

Quintus W. Sibley, Esq. 

Thomas M. Lahiff, Jr., Esq. 

Jan Hildebrand, Esq. 

Hon. J. Owen Forrester 

Mr. Ben H. Carter, Clerk 

U. S. District Court 

Northern District of GA 

Edward D. Tolley 

Joel Berger, Esq. 
Deborah Fins, Esq. 

James S. Liebman, Esq. 

Barrington D. Parker, Jr. 

Hon. Dudley H. Bowen, Jr. 

Mr. Henry R. Crumley, Jr. 

U..S. District Court 

Southern District of GA 

 



  

IN THE UNITED STATES COURT OF APPEABSCOURT GF Arr. us 
ELEVENTH CIRCUIT 

FOR THE ELEVENTH CIRCUIT FILED 

MAK 2 8 1884 
  

No. 82-8408 Spencer D. Mercer 

Clerk   

JAMES LEE SPENCER, 

Petitioner-Appellant, 

versus 

WALTER D. ZANT, Superintendent, 

Georgia Diagnostic & Classification 

Center, 
Respondent-Appellee. 

(Opinion September 30, 1983, 11th Cir., 198 ' F.24 ) 
  

  

No. 82-8413 

  

WILLIE X. ROSS, 
Petitioner-Appellant, 

versus 

JOE S. HOPPER, 
Respondent-Appellee. 

  (Opinion October 3, 1983, 11th Cir. , 198 ’ F.2d ) 

 



  

  

No. 84-8176 

  

WARREN MCCLESKEY, 

Petitioner-Appellee, 

Cross-Appellant, 

versus 

WALTER D. ZANT, Warden, 

Respondent-Appellant. 

Cross-Appellee. 

Appeals from the United States District Court for the 

Northern and the Southern Districts of Georgia 

(March 28, 1984) 

Before GODBOLD, Chief Judge, RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, 

JOHNSON, HENDERSON, HATCHETT, ANDERSON and CLARK, Circuit Judges. 

BY TEE: COURT: 

IT IS ORDERED, on the Court's own motion, that the captioned 

  appeal, No. 84-8176, McCleskey v. Zant, will be initially heard by 

the Court sitting en banc. 

IT IS FURTHER ORDERED, On the Court's own motion, that rehearing 

en banc is GRANTED in No. 82-8413, Ross v. Hopper. The Clerk will 

establish a schedule for filing en banc briefs. 

 



  

IT IS FURTHER ORDERED that the en banc Court will withhold 

decision in appeal no. 82-8408, Spencer V. zant, pending submission 

and consideration of McCleskey and Ross. 
  

  

CRAEF JUDGE 

 



  

United States Court of Appeals 
ELEVENTH CIRCUIT 

SPENCER D. MERCER OFFICE OF THE CLERK IN REPLYING, GIVE NUMBER 

CLERK S56 FORSYTH STREET, N.W. OF CASE AND NAMES OF PARTIES 

ATLANTA, GEORGIA 30303 

March 28, 1984 

TO ALL COUNSEL OF RECORD 

82-8408 - James Lee Spencer v. Walter D. Zant 

82-8413 - Willie X. Ross v. Joe S. Hopper 
84-8176 - Warren McCleskey v. Walter D. Zant 
    

Enclosed is an order this date entered by the Court directing that appeal 82-8413, Ross v. 

Hopper, will be reheard en banc, with oral argument, and that appeal 84-8176, McCleskey v. 

Zant, will be initially heard by the Court sitting en banc. The order further directs 

that decision will be withheld by the en banc court in 82-8408, Spencer v. Zant, pending 

submission and consideration of 84-8176, McCleskey v. Zant, and 82-8413, Ross v. Hopper. 

Under Eleventh Circuit Rule 26, the effect of granting rehearing en banc in 82-8413, 

Ross v. Hopper, is to vacate the previous opinion and judgment of this Court in that 

case and to stay the mandate. 

  

  

Pursuant to this Court's direction for the clerk to specify a briefing schedule in 82-8413, 

Ross v. Hopper, for the filing of an original and fourteen (14) copies of en banc briefs, 

appellant will have until Friday, April 27, 1984, for filing of his en banc brief, with 

appellee's en banc brief to be filed in this office not later than Tuesday, May 22, 1984. 

  

    

  
  

In 84-8176, McCleskey v. Zant, at the Court's direction the opening brief of respondent/ 
appellant-cross—appellee shall be filed not later than Tuesday, April 10, 1984. The 

opening/answer brief of petitioner/appellee-cross-appellant shall be filed not later than 

Tuesday, May 8, 1984. The answer/reply brief of the respondent/appellant-cross-appellee 

shall be filed not later than Thursday, May 31, 1984. If petitioner/appellee-cross-— 

appellant desires to file a reply brief to the respondent's answer, it shall be filed 

not later than Friday, June 8, 1984. 

All en banc briefs must be on file in the clerk's office by the dates specified above. 
  

In 82-8413, Ross v. Hopper, counsel are also requested to furnish fifteen (15) copies 

of their opening (original panel) briefs and record excerpts for the use of the en banc 

Court not later than Friday, April 27, 1984. 
- 

Sincerely, 

SPENCER D. MERCER, Clerk 

~3 

Nl 
Calendar Clerk 7 

      
  

Michael J. Bowers, Esq. Robert H. Stroup, Esq. 4 

James P. Googe, Jr., Esq. Jack Greenberg, Esq. 7 

Marion 0. Gordon, Esq. James M. Nabrit, III, dl 

William 8. Hill, Jv.,. Esq. John Charles Boger, Esq. 
Mary Beth Westmoreland, Esq. Anthony G. Amsterdam, Esq. 

(counsel continued on Page 2) 

 



  

Virginia H. Jeffries, Esq. 

William Sumner, Esq. 

Quintus W. Sibley, Esq. 

Thomas M. Lahiff, Jr., Esq. 

Jan Hildebrand, Esq. 

Hon. J. Owen Forrester 

Mr. Ben H. Carter, Clerk 

U. S. District Court 

Northern District of GA 

Edward D. Tolley 

Joel Berger, Esq. 

Deborah Fins, Esq. 

James S. Liebman, Esq. 

Barrington D. Parker, Jr. 

Hon. Dudley H. Bowen, Jr. 

Mr. Henry R. Crumley, Jr. 

B.S. District Court 

Southern District of GA 

 



  

IN THE UNITED STATES COURT OF APPEABSCOUR! OF Arron 
ELEVENTH CIRCUIT 

FOR THE ELEVENTH CIRCUIT FILED 

MAK 2 8 1884 
  

Ro, tog 0408 Spencer D. Mercer 
Clerk   

JAMES LEE SPENCER, 

Petitioner-Appellant, 

versus 

WALTER D. ZANT, Superintendent, 

Georgia Diagnostic & Classification 

Center, 
Respondent-Appellee. 

(Opinion September 30, 1983, ith Cir. , 198 , 7.248 ) 
rm ————— 

  

  

No. 82-8413 

  

WILLIE X. ROSS, 
Petitioner-Appellant, 

versus 

JOE S. HOPPER, 
Respondent-Appellee. 

(Opinion October 3, 1983, 11th Cir. 198 : ¥.24 ) 
  

em ———— 

 



SPENCER v. ZANT 

James Lee SPENCER, 
Petitioner-Appellant, 

v. 

Walter D. ZANT, Superintendent, Geor- 

gia Diagnostic & Classification 

Center, Respondent-Appellee. 

Willie X. ROSS, Petitioner-Appellant, 

Vv. 

Joe S. HOPPER, Respondent-Appellee. 

Warren McCLESKEY, 

Petitioner-Appellee, 

Cross-Appellant, 

Vv. 

Walter D. ZANT, Warden, Respondent- 

Appellant, Cross-Appellee. 

Nos. 82-8408, 82-8413 and 84-8176. 

United States Court of Appeals, 
Eleventh Circuit. 

March 28, 1984. 

Appeals from the United States District 
Court for the Northern and the Southern 

Districts of Georgia. 

2483 

Before GODBOLD, Chief Judge, RO- 

NEY, TJOFLAT, HILL, FAY, VANCE, 

KRAVITCH, JOHNSON, HENDERSON, 

HATCHETT, ANDERSON and CLARK, 

Circuit Judges. 

BY THE COURT: 

IT IS ORDERED, on the Court’s own 

motion, that the captioned appeal, No. 84- 

8176, McCleskey v. Zant, will be initially 

heard by the Court sitting en banc. 

IT IS FURTHER ORDERED, on the 

Court’s own motion, that rehearing en 

banc is GRANTED in No. 82-8413, Ross v. 

Hopper, 716 F.2d 1528. The Clerk will 

establish a schedule for filing en banc 

briefs. 

IT IS FURTHER ORDERED that the en 

banc Court will withhold decision in appeal 

no. 82-8408, Spencer v. Zant, 715 F.2d 

1562, pending submission and consideration 

of McCleskey and Ross. 

Adm. Office, U.S. Courts—West Publishing Company, Saint Paul, Minn.  



  

  

No. 84-8176 

  

WARREN MCCLESKEY, 

Petitioner-Appellee, 
Cross-Appellant, 

versus 

WALTER D. ZANT, Warden, 

Respondent-Appellant. 
Cross-Appellee. 

Appeals from the United States District Court for the 

Northern and the Southern Districts of Georgia 

(March 28, 1984) 

Before GODBOLD, Chief Judge, RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, 

JOHNSON, HENDERSON, HATCHETT, ANDERSON and CLARK, Circuit Judges. 

BY THE COURT: 

IT IS ORDERED, on the Court's own motion, that the captioned 

appeal, No. 84-8176, McCleskey v. Zant, will be initially heard by 
  

the Court sitting en banc. 

IT IS FURTHER ORDERED, on the Court's own motion, that rehearing 

en banc is GRANTED in No. 82-8413, Ross v. Hopper. The Clerk will 

establish a schedule for filing en banc briefs. 

 



  

IT IS FURTHER ORDERED that the en banc Court will withhold 

decision in appeal no. 82-8408, Spencer V. zant, pending submission 

and consideration of McCleskey and Ross. 
  

(Ny 

  

CPAEF JUDGE 

 



  

IN THE UNITED STATES COURT OF APPEALS 
FOR THE ELEVENTH CIRCUIT 

  

  

NO. 84-8176 

WARREN McCLESKEY, ) 

) 
Appellee/Cross-Appellant,) 

) 
> 

versus ) 

) 
WALTER D. ZANT, ) 

) 4 
pit 

Appellant/Cross-Appellee.) 4 - 

  

APPELLEE/CROSS-APPELLANT'S MOTION FOR LEAVE 
TO FILE INITIAL BRIEF IN EXCESS OF FIFTY-FIVE PAGES 
  

Appellee/Cross—Appellant WARREN McCLESKEY, through his 

undersigned attorneys, hereby moves pursuant to Rule 28(g) of the 

Federal Rules of Appellate Procedure and Rule 22(c) of the Rules of 

the United States Court of Sppatle for the Eleventh Circuit, for leave 

to file an initial brief up to and including 125 pages. In support of 

this motion, Appellee/Cross—-Appellant states as follows: 

1. This is an appeal from a final judgment of the Northern 

District of Georgia in a habeas corpus action. The Appellee/Cross- 

Appellant was originally convicted of armed robbery and murder and 

sentenced to death on the murder conviction. The District Court set 

aside the murder conviction and sentence of death. The respondent 

Walter Zant filed a notice of appeal from the District Court judgment 

setting aside the conviction. Warren McCleskey then filed his cross- 

 



  

appeal. The issues to be presented on the appeal by Warren McCleskey 

include, but are not limited to, the following: 

(a) Whether McCleskey was denied the effective 
assistance of counsel before, during and after 
his trial and was so prejudiced thereby that 
the Constitution requires that he be granted a 
new trial on that basis; 

(b) Whether the trial court instructions to 

the jury contravened the standards of Sandstrum 
and Mullaney and if so, whether it can be said 

that such errors in jury instructions 

constituted harmless error; and 

  

Fahd 2 1 

(c) Whether the District Court erred in 
concluding that Warren McCleskey had failed to 
prove that the death penalty in Georgia is 
imposed in an arbitrary and racially 
discriminatory manner through his introduction 
into evidence of the research results of his 
expert witnesses, David Baldus and George 
Woodworth. 

2. The record in this case is long and complex, containing 

in excess of 3200 pages of transcript alone, in addition to several 

large three-ring binders of exhibits introduced before the District 

Court, and voluminous pleadings. The decision of the District Court, 

from which both parties have appealed, is 151 pages long. 

3. The issue regarding the arbitrary and racially- 

discriminatory nature of the imposition of the death penalty in 

Georgia has been before this Court en banc before in Spencer v. Zant, 
  

No. 82-8408; however, this is the first case in which the testimony of 

Dr. Baldus has been heard by a federal district court. The District 

Court's conclusions regarding Dr. Baldus's study are themselves 

 



  

complex and lengthy, covering 90 pages of the Court's February 2, 1984 

order. 

4. The Sandstrom/Mullaney issue is also an issue which will 
  

require substantial briefing. Suggestive of the need for extensive 

briefing on this issue is the fact that three recent decisions from 

this Court have had rehearings en banc recently granted, Brooks v. 
  

Francis, 716 F.2d 780 (11th Cir., 1983); Davis v, Zant, 721 F.2d 1475 
  

(11th Cir., 1983) and Tucker v. Franciss 725 F. 2d 1504 Gtith Cir., 
  

1984). 

4, Finally, as to the ineffective assistance of counsel 

claim, as this Court has often recognized, consideration of claims of 

ineffective assistance of counsel require the appellate court to 

carefully conduct an independent examination of the entire record. 

E.g., House v. Balcolnm, 725 F.2d 603, at 615 (11th Civr., 1984); Baty 
  

v. Balkcom, 661 F.2d 391, 394 (11th Cir., 1981)(citing cases). 
  

Petitioner's briefing on the merits of this issue in the District 

Court below exceeded 50 pages. Moreover, a number of the orders of 

the District Court prior to the February 2, 1984 order dealt with 

issues related to the ineffective assistance of counsel claim. 

5. Moreover, the Appellee/Cross-Appellant's initial brief 

will also include briefing on the Giglio issue upon which the District 

Court granted relief and the respondent has based his appeal. The 

District Court's order on this issue covered seven full pages. 

 



  

6. This is an important case and one in which competent and 

complete briefs will greatly ease the burden of this Court in 

marshalling and consolidating the information necessary for decision. 

Appellee/Cross-Appellant respectfully requests that leave be granted 

him to file an initial brief up to and including 125 pages. 

Respectfully submitted, 

[oberdt X= Ep 
  

ROBERT H. STROUP 
#1515 Healey Bldgs 

57 Forsyth St., NW. 
Atlanta, Georgia 30303 

JACK GREENBERG 
JAMES M. NABRIT, III 
JOHN CHARLES BOGER 
99 Hudson, St. 

16th Floor 

New York, N.Y. 10013 

ANTHONY G. AMSTERDAM 
New York University Law School 
40 Washington Square South 
New York, N.Y. 10012 

TIMOTHY K. FORD 

600 Pioneer Bldg. 
Seattle, Washington 94305 

ATTORNEYS FOR APPELLEE/CROSS- 
APPELLANT 

 



  

CERTIFICATE OF SERVICE 
  

I hereby certify that I have served the foregoing motion on 

the Appellant/Cross—Appellee by placing a copy of the same in the 

United States mail, first class postage prepaid, addressed to: 

Mary Beth Westmoreland, Esq. 
Assistant Attorney General 
132 State Judicial Bldg. 
Atlanta, Georgia 30334 

Lily 
This ew day of April, 1984. 

  

 



  

IN THE UNITED STATES COURT OF APPEALS 

FOR THE ELEVENTH CIRCUIT 

  

NO. 84-8176 

  

WARREN MCCLESKEY, 

Ve 

WALTER D. ZANT, WARDEN, 

Petitioner-~Appellee, 
Cross—-Appellant, 

Respondent-Appellant, 
Cross—-Appellee. 

  

ON APPEAL FROM THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 

ATLANTA DIVISION 

  

RESPONSE TO PETITIONER-APPELLEE'S REQUEST 
TO EXCEED THE PAGE LIMIT 

  

Please serve: 

MARY BETH WESTMORELAND 

132 state Judicial Bldg. 
40 Capitol Square, S.W. 
Atlanta, Georgia 30334 
(404) 656-3349 

MICHAEL J. BOWERS 
Attorney General 

JAMES P. GOOGE, JR. 

Executive Assistant 

Attorney General 

MARION O. GORDON 

First Assistant * 
Attorney General - 

WILLIAM B., HILL, JR. 
Senior Assistant 
Attorney General 

MARY BETH WESTMORELAND 

Assistant Attorney General 

 



  

IN THE UNITED STATES COURT OF APPEALS 
FOR THE ELEVENTH CIRCUIT 

  

NO. 84-8176 

  

WARREN MCCLESKEY, 

Petitioner-Appellee, 
Cross—-Appellant, 

Ve 

WALTER D. ZANT, WARDEN, 

Respondent-Appellant, 
Cross—Appellee. 

  

ON APPEAL FROM THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 

ATLANTA DIVISION 

  

RESPONSE TO PETITIONER-APPELLEE'S REQUEST 
TO EXCEED THE PAGE LIMIT 

  

§ 

Comes now Walter D. Zant, Warden, Respondent-Apdel lant 

and Cross—-Appellee in the above-styled action, and submits 

the instant opposition to the request on behalf of the 

Petitioner—-Appellee to submit a brief in excess of the 

page limit prescribed by the rules of this Court. 

Petitioner—-Appellee has requested leave of court to exceed 

the page limit for principal briefs so that the brief may 

 



  

be up to one hundred and twenty-five pages in length. 

Respondent-Appellant opposes said request as a request to 

more than double the page limit is excessive and 

unreasonable. The issues of the case can be presented 

without burdening the Court with a brief of up to one 

hundred and twenty-five pages, particularly in light of 

the thorough Order from the district court. Therefore, 

Respondent would urge the Court to not grant the request, 

particularly insofar as it requests that the page limit be 

exceeded up to one hundred and twenty-five pages. 

Respectfully submitted, 

MICHAEL J. BOWERS 
Attorney General 

JAMES P. GOOGE, JR. 

Executive Assistant Attorney General 

Ms 0. Berd. 
  

MARION O. GORDON ¥ 

irst Assistant Attorney General 

4 

i 
- 

  

LLIAM B. HIL 

Senior ANE Attbrney General 

  

    MARY AETH WESTMORELAND 

Assistant Attorney General 

MARY BETH WESTMORELAND 

132 State Judicial Building 
40 Capitol Square, S. W. 
Atlanta, Georgia 30334 
(404) 656-3349 

 



  

CERTIFICATE OF SERVICE 

I do hereby certify that I have this day served 

the within and foregoing Response to Petitioner-Appellee's 

request to exceed the page limit, prior to filing the 

same, by depositing a copy thereof, postage prepaid, in 

the United States Mail, properly addressed upon: 

Mr. Robert H. Stroup 
1515 Healey Building 
Atlanta, Georgia 30303 

Mr. John Charles Boger 
lth Floor 

99 Hudson Street 

New York, New York 10003 

: Mr, Timothy XK. Ford 

600 Pioneer Building 
Seattle, Washington 98136 

Mr. Anthony G. Amsterdam ; 
New York University School of Law School 
40 Washington Square South 
New York, New York 10012 

This 10th day of April, 1984. 

   

    

    

nf’ 

H WEST 

 



Huited States Qourt of Appeals 
ELEVENTH CIRCUIT 

3 OFFICE OF THE CLERK IN REPLYING. GIVE NUMBER 

ENCE D- MzAcER S@ FORSYTH STREET. N.W. OF CASE AND NAMES OF PARTIES 

ATLANTA. GEORGIA 30303 :     

April 11, 1984 

MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW: 

No. 84-8176 WARREN MCCLESKEY. v. WALTER D. ZANT 

(No. C81-2434A) 

  

The following action has been taken in the above case: 

AN EXTENSION OF TIME has been granted to and including 

for filing appellant's/petitioner's brief. 

for filing appellee's/respondent's brief. 

for filing reply brief. 

for filing petition for rehearing. 

It is specifically understood and agreed by the movant for 
extension, that the document above will be filed on or before 
this new date, and further agreed that no additional extension: 
will be requested by the movant. 

Motion to consolidate granted. 

Motion to supplement or correct the record granted. 

Motion for leave to file supplemental brief granted. 

Motion for leave to file brief amicus curiae is granted. 
  

  

Joint motion. as to time for filing briefs is granted. 

XX Order enclosed has been entered. 
  

SPENCER D. MERCER, CLERK 

cc: Robert H. Stroup 

<ohn Charles Boger o Lz 

Anthony G. Amsterdam By: rE Crd a 

Mary Beth Westmoreland, AAG Deputy Clerk | 
\/ 

  

MCT2 

 



  

IN THE UNITED STATES COURT OF APPEALS 

  

  

FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS 
“ELEVENTH CIRCUIT 

FILED 

APR 1 fozd 
No. 84-8176 

Spencer D. Mercer 
Cler 

WARREN MCCLESKEY, 

Petitioner-Appellee, 
Cross—-Appellant, 

versiis 

WALTER D. ZANT, Warden, 

Respondent-Appellant. 
Cross—-Appellee. 

Appeal from the United States District Court for the 

po Northern District of Georgia 

ORDER 

IT IS ORDERED that Appellee-Cross Appellant's Motion for Leave 

to File Initial Brief in Excess of 55 pages, but -not to Exceed 

125 pages is GRANTED to the extent of 80 pages. Briefing should 

concentrate on the issue of alleged discriminatory application of 

the death penalty and the Giglio issue. The Sandstrom issue will   

be briefed at length in other cases to be heard the same week. 

/8/ JOHN C. GODBOLD 

Chief Judge 
  

“ 

 



      

FORM FOR APPEARANCE OF COUNSEL 
Only 2itorneys admitted to the Bar of this Court may sign this form and practice before the court. | 

An application for admission is incorporated herein. 

    

  

  

    

UNITED STATES COU OF AP : CIRCUIT 

- 
No. 

Warren McCleskey VS. Walter D. Zant 

(Per ktioner or Appedd an kk (Responder ik orxAppediee x 

The Clerk will enter my appearance as Counsel for Warren McCleskey (Appellee and 
  

Crogs-appeliant) 

(Please list names of all parties represented) 

who IN THIS COURT is O Petitioner(s) O Respondent(s) 0 Aricus Curiae 
O Appellant(s) B® Appellee(s) O Intervenor 

I certify that 1 an a member of the Bar of the Eleventh Circuit Court of Appeals, or applicatibn 
for admission i on 

Signature” Name (Type or print) John Charles Boger 

Address 9 dson Street City New York 

State New York Zip 10013 Phone (-212 )_219-1900 SN 24374-3842 
“(Social Security No.) 

  

    

    

        

  
  NOTE: When more than one attorney represents a single party or group of parties, counsel should 

designate a particular individual to whom notification is to be sent, with the understanding 
if other counsel should be informed he will perform that function. The person to be notified 
in this case is: 

  

Name (Type or print) 

Address 

City : State Zip 

  

  

      

  
EE 

UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT APPLICATION AND OATH FOR ADMISSION. 

NAME : 
  

(Last) (First) (Middle) 

ADMISSION FEES: Admission fees may be paid by personal check, certified check or postal 
money order. Please make payable to the U.S. QOURT OF APPEALS, ELEVENTH CIRCUIT, which shall 
be deposited in the Non-Appropriated Fund Control Account, Eleventh Circuit. Basis for 
amount of fee may be found in Rule 7(a) of the Eleventh Circuit, which states: 

"An attorney seeking admission shall file an application with the clerk on a 
form supplied by the clerk, together with an admission fee of $20.00 payable to the 
U.S. Court of Appeals, Eleventh Circuit, which shall be Sepcgtied in the Non=-Appro- 
priated Fund Control Account, Eleventh Circuit." 

FEE DATA: (Check One) [7 Cagh J Check [7 Law Clerk 
CASE NUMBER (If Any): 
Admitted this day of »<19 . 
  

(
A
t
t
a
c
h
 
A
d
m
i
s
s
i
o
n
 

C
h
e
c
k
 

He
re
) 

  
  

Spencer D. Mercer, Clerk 
United States Court of Appeals 

By: 
QONTINUED ON REVERSE SIDE Deputy Clerk : 

DKT=5 
(Rev. 11/04/82) 

  

 



   

  1) PREFERENCE STATUS None Cir. R.12-Appendix One.) x) 

2) * RELATED CASES [Cir.R.7(b)] 
Nurber and Style of Related Cases(s)_James lee Spencer Vv. Walter D. 

Zant, No.82-8408 

~ 

  

  

  

  

RULE 7. ATTORNEYS 

(a) Admission and Fees. Only attorneys admitted to the bar of this court may practice 

before the court. Admission is governed by FRAP 46 and this Eleventh Circuit Rule. An attorney 

seeking admission shall file an application with the clerk on a form supplied by the clerk, to- 

gether with an admission fee of $20.00 payable to the Non-Appropriated Fund Account, U.S. Court of 

Appeals, llth Circuit, which shall be deposited to the library fund. 

The following attorneys shall be admitted for the particular proceeding in which they are 

appearing without the necessity of formal application or payment of the admission fee: an 

attorney appearing on behalf of the United States, a federal public defender, an attorney appoint- 

ed by a federal court under the Criminal Justice Act (CJA) or appointed to represent a party in 

forma pauperis. Attorneys in these categories who desire to receive an admission certificate from 

the Eleventh Circuit must pay the admission fee. An attorney admitted to the bar of the court 

shall be permitted use of the library. 

  

(b) Entry of Appearance. An attorney admitted to the bar of’ this court shall enter his 

appearance in each case in which he participates at the time the case is docketed or upon notice 

by the clerk. Only one attorney for a party need file such notice unless more than one intends to 

argue orally. In that event, all attorneys intending to argue must file appearance notices. A 

form for entry of appearance will be provided by the clerk. The appearance form shall require 

counsel, in addition to other pertinent information: (1) to cite all pending related and similar 

cases reasonably known to him on the docket of this court; (2) to indicate on the appearance form 

whether the case is in a category of cases requiring preference in processing and disposition as 

set out in 11th Cir.R. 12 and Appendix One and the applicable category. 

APPLICATION: I, , whose mailing address is 

  

  

r 
’ 

(Firm Name) (Street) (City, State, ZIP Coce) 

, do hereby make application to the bar of the Eleventh Circuit. 

  

  

(Social Security No.) ES : 

My personal statement showing my eligibility for membership is as follows: I am admitted 

to practice in the following court(s): 
  

  

  I have been practicing law for years. I am | years of age. 
  

QATH: I, , do solemly swear that I will demean myself 

as an attorney and counselor of this Court, uprightly and according to law; and that I will 

support the Constitution of the United States. 

  

  
  

(Business phone of Applicant) (Signature of Applicant) 

  

  

  
  

Subscribed and sworn to me before a Notary Public in and for the 

of , State of , this day of 19 

My Camm. expires: (Seal) 
  
  

(Signature of Notary) 
\ 

MOTION: I, , a member of the bar of this Court, . 

do hereby move for admission of the above attorney. 
  

  

(Signature) 

 



  

via Federal EXpress 
  

May 10, 1984 

Hon. Spencer D. Mercer, Clerk 

United States Court of Appeals 
for the Eleventh Circuit 

56. Forsyth Street, N.W. 
Atlanta, 'Georgla 30303 

Re: Warren McCleskey v. Walter D. Zant, 
No. 84-8176 
  

Dear. Mr. Mercer: 

Enclosed is the Record on Appeal 

in the above-captioned case. Thank you 

for allowing us to use it inthe prepara- 

tion ‘of the.en banc brief fornpetilioner   

McCleskev as Appellee and Cross-Appellant. 

Sgncerely,    

   ohn Charles Boger 

JCB:agf 

enc. 

  

99 HUDSON STREET (212) 219-1900 NEW. YORK, N.Y 10013 

 



    
Hnited States Court of Appeals 

‘ 
ELEVENTH CIRCUIT 

' OFFICE OF THE CLERK IN REPLYING, GIVE NUMBER 

BENCER Dh MpRGEN ; 86 FORSYTH STREET. NW. OF CASE AND NAMES OF PARTIES 

ATLANTA. GEORGIA 30303 

May 15, 1984 

MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW: 

No. 84-8176 

WARREN MCCLESKEY v. WALTER D. ZANT 

(No. C81-2434A) 

  

The following action has been taken in the above case: 

AN EXTENSION OF TIME has been granted to and including 

for filing appellant's/petitioner's brief. 

for filing appellee's/respondent's brief. 

for filing reply brief. 

for filing petition for rehearing. 

It is specifically understood and agreed by the movant for 
extension, that the document above will be filed on or before 
this new date, and further agreed that no additional extensions 
will be requested by the movant. 

Motion to consolidate granted. 

Motion to supplement or correct the record granted. 

Motion for leave to file supplemental brief granted. 

Motion for leave to file brief amicus curiae is granted. 
  

Joint motion. as to time for filing briefs is granted. 
  

XXX Order enclosed has been entered. 
  

Mary Beth Westmoreland, AAG SPENCER D. MERCER, CLERK 
Bobert H. Stroup 

yJohn Charles Boger of 
Apthony G. Amsterdam /) ; 

; p vf rs) 

By: _an Id HQLUI 
  

Deputy Clerk 

MQT?2 

 



  

IN THE UNITED STATES COURT OF APPEALS US. COURT OF APPEALS 
aad CIRCUIT 

FOR THE ELEVENTH CIRCUIT Fi 
MAY 15 9x4 

  Spencer D. Mercer 

No. 84-8176 Ger 
  

WARREN MCCLESKEY, 

Petitioner-Appellee, 
Cross-Appellant, 

versus 

WALTER D. ZANT, Warden, 

Respondent-Appellant. 
Cross-Appellee. 

Appeal from the United States District Court for the 
Northern District of Georgia 

ORDER 

IT IS ORDERED that Petitioner-Appellee/Cross-Appellant's Motion 

for Substitution of Corrected Briefs is GRANTED. 

/s/ JOHN C. GODBOLD   
$s : “CHIRP Jobe. 

 



Andes Jates Lourt ol Appedis    ELZVENTH CIRCUIT 

A OFFICE OF THE CLERK IN REPLYING, GIVE NUMBER 

: XR. MERoER S@ FORSYTH STREET. NW. OF CASE AND NAMES OF PARTIES 

ATLANTA. GEORGIA 30303 

May 18, 1984 

MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW: 

No. 84-8176 
WARREN MCCLESKEY v. WALTER D. ZANT, Warden 
(No. C81-2434a) 

  

“he following action has been taken in the above case: 

AN EXTENSION OF TIME has been granted to and including 

for filing appellant's/petitioner's brief. 

for filing appellee's/respondent's brief. 

for £iling reply brief, 

for filing petition for rehearing. 

It is specifically understood and agreed by the movant for 
extension, that the document above will be filed on or before 
this new date, and further agreed that no additional extension: 
will be requested by the movant. 

Motion to consolidate granted. 

Motion to supplement or correct the record granted. 

Motion for leave to file supplemental brief granted. 

Motion for leave to file brief amicus curiae is granted. 
  

  

Joint motion. as to time for filing briefs is granted. 

NYY Order enclosed has been entered. 
  

Mary Beth Wes¥moreland, AAG 
Robert H. Stroup SPENCER D. MERCER, CLERK 

John Charles Boger 

Anthony G. Amsterdam 7 // 

By: i [lol lean 
Deputy Clerk = 
  

MOT2 

 



  

IN THE UNITED STATES COURT OF APPEALS in a Bor aud 

FOR THE ELEVENTH CIRCUIT FILED 

MAY 171584 
  

Spencer D. Mercer 

No. 84-8176 Clerk 
  

WARREN MCCLESKEY, 
Petitioner-Appellee, 
Cross-Appellant, 

versus 

WALTER D. ZANT, Warden, 

Respondent-Appellant. 
Cross—-Appellee. 

-— ve am em m= oe a. 

Appeal from the United States District Court for the 
Northern District of Georgia 

OR D-E RB 

IT IS ORDERED that Motion of Appellant/Cross-Appellee for Leave 

to File Brief in Excess of 25 pages, but not to exceed 75 pages 

is GRANTED. 

&
 

ASL 000 C. GO 
CHIEF JUDGE 

DBOLD 
  

 



Hnited States Court of Appeals 
ELEVENTH CIRCUIT 

SPENCER D. MERCER OFFICE OF THE CLERK IN REPLYING, GIVE NUMBER 
CLERK 868 FORSYTH STREET, N.W. OF CASE AND NAMES OF PARTIES 

ATLANTA, GEORGIA 30303 

May 31, 1984 

  

TO ALL COUNSEL OF RECORD 

84-8176 — McCleskey v. Zant 
  

This is to advise that the above death penalty appeal has been 

allotted one (1) hour per side for oral argument before the en 
banc court on Tuesday, June 12, 1984, in Atlanta, Georgia. 

Sincerely, 

SPENCER D. MERCER, Clerk 

     Calendar Clerk 

/bjc 

Mary Beth Westmoreland, Esq. 
Robert H. Stroup, Esq. 

Jack Greenberg, Esq. 
James M. Nabrit, III, Esq. 

John Charles Boger, Esq. 

Anthony G. Amsterdam, Esq. 

 



       

     
    
   

    

    

   

   

        

Hon. Spencer D.aMercer, Clerk 

United States Court of Appeals 
for the Eleventh Circuit 

56 Forsyth Street, N.W. 

Atlanta, Georgia 30303 

Re: Warren McCleskey v. Walter D. Zant, No. 84-8176   

Dear Mr. Mercer: 

Enclosed for filing are an original 
and fourteen copies of the Reply Brief for 
Petitioner McCleskey in the above-captioned 
action, being reheard en banc, together with 
a certificate of service. 

Thank you .very much. 

  

CC: Mary Beth Westmoreland, Esq. 

JCB:agf 

ancs. 

  

w
 

«w
w HUDSON STREET (212) 218-1900 NEW YORK, N.Y 10013  



  

 



  

fHmieo States Torr: ut Rppeai 

ELEVENTH CIRCUIT 

"eNCER D. MERCER OFFICE OF THE CLERK IN REPLYING, GIVE NUMBER 

<ShERK S86 FORSYTH STREET. N.W. OF CASE AND NAMES OF PARTIES 

ATLANTA. GEORGIA 30303 

June 11, 1984 

   

MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW: 

No. 84-8176 

WARREN MCCLESKEY v. WALTER D. ZANT 
(No. C81-2434n) 

  

The following action has been taken in the above case: 

AN EXTENSION OF TIME has been granted to and including 

for filing appellant's/petitioner's brief. 

for filing appellee's/respondent's brief. 

for filing reply brief. 

for filing petition for rehearing. 

It is specifically understood and agreed by the movant for 
extension, that the document above will be filed on or before 
this new date, and further agreed that no additional extension: 
will be requested by the movant. 

Motion to consolidate granted. 

Motion to supplement or correct the record granted. 

Motion for leave to file supplemental brief granted. 

Motion for leave to file brief amicus curiae is granted. 
  

Joint motion. as to time for filing briefs is granted. 

A
R
S
E
 

Order enclosed has been entered. 

Mary B. Westmoreland, AAG SPENCER D. MERCER, CLERK 
Robert H. Stroup : 
ohn Charles Boger 

Afithony G. Amsterdam 

2: a LL itrthg 
Deputy Clerk fi 

MOT2 

  

 



  

IN THE UNITED STATES COURT OF APPEALS 

  

; APPEALS 
FOR THE ELEVENTH CIRCUIT us, Co Creu 

FILED 

JUN 11 1334 

No. 84-8176 
Spencer D. Mercer 

Clerk 
  

WARREN MCCLESKEY, 

Petitioner-Appellee, 
Cross—-Appellant, 

ver sus 

WALTER D. ZANT, Warden, 

Respondent-Appellant. 
Cross—-Appellee. 

Appeal from the United States District Court for the 
Northern District of Georgia 

OR DER 

IT IS ORDERED that appellee/cross—-appellant's Motion for Leave 

to File Reply Brief in Excess of Twenty-five Pages, but not to 

Exceed 30 Pages is GRANTED. 

/s/ JOHN C. GODBOLD 
    

CHIEF JUDGE 

 



  

BY HAND DELIVERY 
  

May 8, 1984 

Hon. Spencer D. Mercer, Clerk 

United States Court of Appeals 
for the Eleventh Circuit 

56 Forsyth Street, N.E. 

Atlanta, Georgia 30303 

Re: Warren McCleskey v, Walter D. Zant 

No. 84-8176 
  

Dear Mr. Mercer: 

Enclosed for filing are an 
original and fourteen copies of the En 
Banc Brief for Petitioner McCleskey as 
Appellee and Cross-Appellant in the 
above-captioned action, together with a 
certificate of service. 

Thank you very much. 

Sincerely, 
1 A i 

{ 

3 % F 
b. # F. § 

dA 3 i . i b 
3 t if. =, Fa) 
tm {An Rg Bn? Fi hoi 

~. John Charles Boger 

  

cc: Mary Beth Westmoreland, Esq. 

JCB: agf 
encs. 

93 HUDSON STREET (212) 219-1800 NEW YORK, N.Y. 10013 

 



   
   
         Hriieo Mtates Your? of Appeals 

ELEVENTH CIRCUIT 
EPLYING, GIVE NUMBER 

"ENCER OD. MERCER OFFICE OF THE CLERK IN R 

CLERK 86 FORSYTH STREET. NW. OF CASE AND NAMES OF PARTIES 

ATLANTA. GEORGIA 30303 

May 9, 1984 

MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW: 

No. 84-8176 
WARREN MCCLESKEY v. WALTER D. ZANT 

(No. C81-2434A) 

  

The following action has been taken in the above case: 

AN EXTENSION OF TIME has been granted to and including 

for filing appellant's/petitioner's brief. 

for filing appellee's/respondent's brief. 

for filing reply brief. 

for filing petition for rehearing. 

Ie is specifically understood and agreed by the movant for 
extension, that the document above will be filed on or before 
this new date, and further agreed that no additional extension: 
will be requested by the movant. 

Motion to consolidate granted. 

Motion to supplement or correct the record granted. 

Motion for leave to file supplemental brief granted. 

Motion for leave to file brief amicus curiae is granted. 
  

Joint motion. as to time for filing briefs is granted. 

Order enclosed has been entered. 

Appellee/Cross-Appellant's Motion For Leave to File Brief Out of Time 

is GRANTED. SPENCER D. MERCER, CLERK 
Mary Beth Westmoreland, AAG 

  

Robert H. Stroup “ 
| ohn Charles Boger oo £ 
Anthony G. Amsterdam By: lrdaun 

Deputy Clerk 

MQOT2 

 



  

IN THE UNITED STATES COURT OF APPEALS 
FOR THE ELEVENTH CIRCUIT 

  

  

NO. 84-8176 

WARREN McCLESKEY, ) 

) 
Petitioner/Appellee- ) 
Cross-Appellant, 5 

) 

) 
versus ) 

) 
WALTER D. ZANT, ely ) : 

Respondent/Appellant- ) 
Cross-Appellee. ) 

) 
  

APPELLEE/CROSS-APPELLANT'S MOTION 
FOR LEAVE TO FILE BRIEF OUT OF TIME 
  

Appellee/Cross-Appellant WARREN McCLESKEY, through his 

undersigned attorneys, hereby moves the Court to permit him to file 

his initial brief in this Court out of time. In support of his 

motion, petitioner shows the Court the following: 

1. The brief--due May 8, 1984--was finalized in the offices 

of co-counsel in New York, and placed with an air delivery service for 

transport to Atlanta on May 8, 1984. It was scheduled for delivery at 

either 7:15 P.M. or 8:15 P.M., and in fact arrived at my offices in 

Atlanta at 8:44 P.M., May 8, 1984. 

2. On a prior occasion, in McCorquodale v. Balkcom, 721 
  

F.2d 1493 (11th Cir., 1983)(en banc), John Myer (an attorney with whom 

I am associated) filed an en banc brief after the 5 P.M. closing of 

the Clerk's office. The brief was treated as timely filed when 

 



  

delivered to the Clerk's office on the date due, even though it was 

not delivered before the 5 P.M. closing hour. 

3. Relying upon this prior practice, I spoke with the 

Clerk's office on the afternoon of May 8, 1984, to arrange for 

delivery of the brief upon its arrival in Atlanta. It was at that 

time that I learned that it was no longer possible to deliver briefs 

to the Clerk's office after the 5 P.M. closing hour. Had the same 

practice been followed as was the case in McCorquodale the brief would 
  

have been filed with the Court on May 8, 1984, as originally 

scheduled. 

On the basis of the foregoing, petitioner moves the Court to 

grant petitioner a one-day extension of time so as to permit the 

filing of his brief on May 9, 1984. 

This 9th day of May, 1984. 

Respectfully submitted, 

Robert De Fun 
ROBERT H. STROUP i 

1515 Healey Bldg. 
57 Forsyth St., N.W. 
Atlanta, Georgia 30303 

— 
  

JACK GREENBERG 
JAMES M. NABRIT, IIT 
JOHN CHARLES BOGER 
99 Hudson, St. 

16th Floor 

New York, N.Y. 10013 

 



  

ANTHONY G. AMSTERDAM 
New York University Law School 
40 Washington Square South 
New York, N.Y. 10012 

TIMOTHY K. FORD 
600 Pioneer Bldg. 
Seattle, Washington 94305 

ATTORNEYS FOR APPELLEE/CROSS- 
APPELLANT 

nr 
hes 

CERTIFICATE OF SERVICE 
  

I hereby certify that I have served the foregoing motion on 

the Appellant/Cross-Appellee by placing a copy of the same in the 

United States mail, first class postage prepaid, addressed to: 

Mary Beth Westmoreland, Esq. 
Assistant Attorney General 
132 State Judicial Bldg. 
Atlanta, Georgia 30334 

This 9th day of May, 1984. 

Rotens XN. Hou 
  

Robert H. Stroup 

 



  

via Federal Express 
  

May:10, 1984 

Hon. Spencer D. Mercer, Clerk 

United States Court of Appeals 
for the Eleventh Circuit 

56 Forsyth Street, N.W. 

Atlanta, Georgia 30303 

Re: Warren McCleskey v. Walter D. Zant, 

No. 84-8176 
  

Dear Mr. Mercer: 

Enclosed is the Record on Appeal 

in the above-captioned case. Thank you 

for allowing us to use it in the prepara- 

tion:of the en bang brief for petitioner 

McCleskey as Appellee and Cross-Appellant. 

Sincerely, 

      

gohn Charles Boger 

JCB:agf 

enc. 

  

99 HUDSON STREET {212} 218-1800 NEW YORK, N.Y. 10013 

 



  

THE 
UNITED STATES COQURT OF APPEALS 

FOR THE ELEVENTH CIRCUIT 

  

No. 84-8176 

  

WARREN McCLESKEY, 

Ve 

WALTER D. ZANT, WARDEN, 

Petitioner /Appellee, 
Cross—-Appellant, 

Respondent /Appellant 
Cross-Appellee. 

  

CROSS-APPELLEE'S MOTION 
FOR LEAVE TO FILE BRIEF IN 
EXCESS OF THE PAGE LIMIT 

  

Please serve: 

MARY BETH WESTMORELAND 

132 State Judicial Bldg. 
40 Capitol Square, S.W. 
Atlanta, Georgia 30334 
(404) 656-3349 

  

MICHAEL J. BOWERS 
Attorney General 

JAMES P. GOOGE, JR. 

Executive Assistant 

Attorney General 

MARION O. GORDON 
First Assistant 
Attorney General 

WILLIAM B. HILL, JR. 
Senior Assistant 
Attorney General 

MARY BETH WESTMORELAND 
Assistant 

Attorney General



  

IN THE 
UNITED STATES COURT OF APPEALS 

FOR THE ELEVENTH CIRCUIT 

  

No. 84-8176 

  

WARREN McCLESKEY, 

Petitioner /Appellee, 
Cross—-Appellant, 

Vo 

WALTER D. ZANT, WARDEN, 

Respondent /Appellant 
Cross-Appellee. 

  

CROSS-APPELLEE'S MOTION 
FOR LEAVE TO FILE BRIEF IN 
EXCESS OF THE PAGE LIMIT 

  

COMES NOW Walter D. Zant, Cross-Appellee in the 

above-styled case and, by counsel, moves this Court 

pursuant to Rule 28(g) of the Federal Rules of Appellate 

Procedure and Rule 22(c) of the Rules of this Court for 

leave to file a brief on behalf of the Cross-Appellee up 

to and including 75 pages. In support of this motion, 

Cross—-Appellee states the following: 

 



  

1. 

Appellee/Cross-Appellant has previously filed a motion 

for leave to exceed the page limit up to 125 pages. By 

order filed April 11, 1984, Chief Judge Godbold Geakiad 

said motion to the extent that the brief was allowed to be 

80 pages in length. Said brief has been filed and is some 

71 pages in length. 

2. 

Cross—-Appellee is now in the position of responding to 

those allegations which have been raised as new issues by 

the Cross-Appellant as well as incorporating a reply brief 

to the issues presented by the initial appeal. 

3. 

As noted by the Appellee/Cross-Appellant, the record 

in the instant case is quite extensive and the opinion of 

the district court is 151 pages long. 

4. 

Other issues have also been presented by the 

Appellee/Cross-Appellant which require briefing, although 

to a much more limited extent. 

 



  

In order for the Cross-Appellee to file an adequate 

brief fully apprising the Court of the status presented in 

the cross-appeal, Cross-Appellee requests that this Court 

allow a brief to be filed i n excess of the page limit, so 

that said brief may be up to and including 75 pages in 

length. 

Respectfully submitted, 

MICHAEL J. BOWERS 
Attorney General 

JAMES P. GOOGE, JR. 
Executive Assistant Attorney General 

ds 0. Sor 
  

ON O. GORDON 

ee st Assistant torre. General 

  

  

el ing crit 
Senior Assistant ney General 

  

MARY BETH WESTMORELAND 
132 State Judicial Building 
40 Capitol Square, S. W. 
Atlanta, Georgia 30334 
(404) 656-3349 

 



  

CERTIFICATE OF SERVICE 

I do hereby certify that I have this day served 

the within and foregoing Cross-Appellee's Motion for Leave 

to File Brief in Excess of the Page Limit, prior to filing 

the same, by depositing a copy thereof, postage prepaid, 

in the United States Mail, properly addressed upon : 

Robert H, Stroup 

1515 Healey Building 
57 Forsyth Street, N.W. 
Atlanta, Georgia 30303 

John Charles Boger 
léth Floor 

99 Hudson Street 

New York, New York 10013 

Anthony G. Amsterdam 

New York University Law School 
40 Washington Square South 
New York, New York 10012 

Timothy K. Ford 
600 Pioneer Building 
Seattle, Washington 94305 

This 17th day of May, 1984 

  

    MARY /BETH WESTMORELAND 

Assistant Attorney General 

 



United States Court of Appeals 

for the Eleventh Circuit 

  

  

Counsel presenting oral argument HEARING LOCATION SPENCER D. MERCER 
should appear in person at the Clerk's Courtroom 318 
Office NO LATER THAN 8:30 AM. United States Court of Appeals Building Clerk of Court 
on the day of hearing. 56 Forsyth Street, N.W. United States Court of Appeals 

ATLANTA. GEORGIA for the Eleventh Circuit 

Clerk’s Office, Room 160 A.C. 404-221-6187 FTS: 242-6187 
56 Forsyth Street, N.W., Atlanta, Ga. 30303 COURT CONVENES AT 9:00 A.M. 
A.C. 404-221-3842 FTS: 242-3842 trie olierwise shown) 

  

The court has determined that the cases listed below are to be orally argued before the 
en banc court. The court will advise counsel separately on a later date as to the time 
allowed for argument of each case. 

TUESDAY, JUNE 12, 1984 

84-8176 Warren McCleskey v. Walter D. Zant, Warden, Appellant-Appellee 

2- 5 - Willie X. Ross, Appellant v. Joe S. Hopper 

WEDNESDAY, JUNE 13, 1984 

83-8244 Curfew Davis, Appellant v. Walter D. Zant, Warden 
83-8047 Henry Arthur Drake, Appellant v. Robert O. Francis 

83-8466 Richard Tucker, Appellant v. Robert Francis, Warden 

THURSDAY, JUNE 14, 1984 

83-8137 William Boyd Tucker, Appellant v. Walter D. Zant 

83-8028 William Anthony Brooks, Appellant v. Robert Francis, Warden 

82-8683 Carzell Moore, Appellant v. Walter D. Zant, Warden 

ATLANTA, GEORGIA 
5/15/84 - EN BANC