Today in Supreme Court History: August 24

Aug 23

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Kemp v. Smith, 463 U.S. 1321 (decided August 24, 1983): Powell denies stay of execution; notes that case has been reviewed 16 times by federal and state courts; doubts that Eleventh Circuit will agree with defendant on new issues but notes that they heard arguments the day before (it ruled against defendant, 715 F.2d 1459; after cert and another stay was denied, defendant was executed Dec. 15, 1983, the first execution in Georgia since death penalty was reinstituted in 1976)

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