General Legal Files

    OFFICE OF THE CLERK 

SUPREME COURT OF THE UNITED STATES 

WASHINGTON, D. C. 20543 

June 8, 1937 

Miguel Cortez, Clerk 
U.S. Court of Appeals for the Eleventh Circuit 
50 Spring Street, S.W. 
Atlanta, Georgia 30303-3147 

Re: Warren McCleskey v. Ralph Kemp, Superintendent, 
Georgia Diagnostic and Classification Center 
No. 84-6811 
(Your No. 84-8176) 
  

Dear Mr. Cortez: 

Enclosed is a certified copy of the judgment of this Court in the 
above-entitled case. 

Kindly acknowledge receipt on the attached copy of this letter. 

Very truly yours, 

JOSEPH F. SPANIOL, JR. Clerk 

By: 

Theresa A. Haslip 
Assistant Clerk 

Enc. 

cc: (Ltr. only) Mary Beth Westmoreland, Esq. 
John Charles Boger, Esq. 

 



  

SUPREME COURT OF THE UNITED STATES 

OFFICE OF THE CLERK 

WASHINGTON, D. C. 20543 

June 3, 1987 

Mra John Charles 

¥Y% Hudson Street 

New York, NY 10013 

Booger 

Re: Warren McCleskey, 

vs. Ralph Kemp, Superintendent, 
and Classification Center 

Georgia Diagnostic 

Pear Mr. Boger: 

The Court today entered the following order in the above 

entitled case: 

The petition for rehearing is denied. 

Very truly yours, 

Joseph F. Spaniols Jr., Clerk 

priogess 

 



Hnited States Court of Appeals 
Eleventh Circuit 

56 Forsyth Street, NW. 

Atlanta, Georgia 30303 
Miguel J. Cortez In Replying Give Number 

Clerk June 12 ’ 1987 Of Case And Names Of Parties 

  

Luther D. Thomas 

Clerk, US District Court 

2211 US Courthouse 

75 Spring St. SW 
Atlanta, GA 30335 

No. 84-8176 - WARREN MCCLESKEY v. KEMP 
(DC No. C81-2434A) 

Dear Mr. Thomas: 
  

( ) Enclosed is a certified copy of the judgment of this Court in 
the above stated case issued as and for the mandate. 

( ) Enclosed is a certified copy of the Rule 25 Decision in the 
above case issued as and for the mandate. 

( ) The Court having denied the motion for stay of mandate, 
enclosed is a certified copy of the judgment of this Court, in 
the above case issued as and for the mandate. See attached notice. 

3 
  

(XX) Having received from the Clerk of the Supreme Court a copy of i 
the order of that Court denying certiorari, I enclose a certi- 
fied copy of the judgment of this Court in the above case, 
issued as and for the mandate. 

( ) We have received a certified copy of an order of the Supreme 
Court denying certiorari in the above cause. This Court's 
judgment as mandate having already been issued to your office, 
no further order will be forthcoming. 

Enclosed herewith are the following additional documents: 

(XX Copy of the Court's opinion. 
*) Original record on appeal or review. (*TO BE RETURNED UPON 

Original exhibits. RECEIPT FROM THE U.S. . 
Bill of Costs approved by this Court. SUPREME COURT). P

S
 

Sincerely, 

MIGUEL J. CORTEZ, CLERK 

ay (Au ela AL. Aickorna 
lj Deputy Clerk 
  

€c: Mr. William B. Hill, Jr. 

Ms. Mary Beth Westmoreland 
Mr. Robert H. Stroup 

rik John Charles Boger 
Mr. Anthony G. Amsterdam 

 



  

Hrited States Tort of Appeals 
FOR THE ELEVENTH CIRCUIT 
  

No. 84-8176 

  

D.C. Docket No. 8l-2434 

WARREN McCLESKEY, 

Petitioner-Appellee, 
versus Cross-Appellant, 

RALPH KEMP, WARDEN, : 
Respondent-Appellant, 

Cross-Appellee. 

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

Before GODBOLD, Chief Judge, RONEY, TJOFLAT, HILL, FAY, VANCE, 
KRAVITCH, JOHNSON, HENDERSON, HATCHETT, ANDERSON and CLARK, Circuit 

Judges. * 
JUDGMENT 

This cause came on to be heard on the transcript of the record 
from the United States District Court for the Northern District of 

Georgia, and was argued by counsel: 

ON CONSIDERATION WHEREOF, it is now here ordered and adjudged 
by this Court that the judgment of the said District Court in this 
cause be and the same is hereby, REVERSED; and judgment is hereby 

RENDERED denying the writ of habeas corpus. 
*All of the Judges of the Court concur in the Judgment as to the death- 
oriented jury claim and the ineffective assistance of counsel claim. 

  

Judges TJOFLAT, VANCE and ANDERSON join in the opinion but each has 
written separately on the constitutional application of the Georgia 
death sentence. 

Judge KRAVITCH has written separately to concur only in the harmless 
error portion of the opinion on the Giglio issue but joins in the 
opinion on all other issues. 

Chief Judge GODBOLD dissents from the judgment of the Court on the 
Giglio issue but joins in the opinion on all other issues. 

Judges JOHNSON, HATCHETT and CLARK dissent from the judgment of the 

Court on the constitutional application of the Georgia death sentence 
and the Sandstrom and Giglio issues and each has written a separate 
dissenting opinion. 
  

Entered: January 29, 1985 
For the Court: SPencer -D. M jl Clerk 

ody Ree 

a 
puLy Sai 
  ISSUED AS MANDATE: JUN 4 J 087 y 2 ; i 

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2 RECEIVED <P 

uptime Court 0 the United States 

  

SS ———— 

- FILED & ; U.S. COURT OF APPEALS = No. FLEVENTH CIRCUIT 

| 84-6811 
JUN | 2 1987 

  

4TaNTA. GA 

  

ad | 
| MIGUEL J. CC 

CLERK 

  

Warren McCleskey,   

Petitioner, 

Ralph Kemp, Superintendent, Georgia Diagnostic and Classification Center 

ON WRIT OF CERTIORARI to the United States Court of Appeals for the 

Eleventh Circuit. 

THIS CAUSE came on to be heard on the transcript of the record from 

the above court and was argued by counsel. 

ON CONSIDERATION WHEREOF, it is ordered and adjudged by this Court 

that the judgment of the United States Court of Appeals for the Eleventh 

Circuit in this cause is affirmed. 

April 22, 1987 

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hn wie 60py JOSEPH F. S¢HNve, vi 

Test 

Clerk of the Supreme Court of, 

Certified this © <5 _ day 

By 

“1*2] States 
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