Kemp v. Smith

Background

A Georgia inmate named Smith was convicted of murder and faces execution at 8 a.m. tomorrow, Thursday, August 25. On August 23, the Court of Appeals for the Eleventh Circuit reversed a lower federal court and granted a temporary stay of execution, finding substantial issues that justified review. The State of Georgia’s Attorney General then asked the Circuit Justice to dissolve that stay; the request was filed about 10 a.m. and a response arrived about 3 p.m. This capital case has been through many reviews: it required Court action four times and has been reviewed 16 times in state and federal courts since Smith’s 1975 conviction.

Reasoning

The narrow question before the Circuit Justice was whether the appeals court abused its discretion in issuing a temporary stay while it prepares to decide the case on the merits. The Circuit Justice said he could not conclude there was an abuse. He relied on the appeals court’s record showing that the court heard arguments at length and arranged for an expeditious hearing on the merits. Given that posture, the Justice denied the State’s application to vacate the stay.

Real world impact

The immediate effect is to delay Smith’s execution and allow the appeals court’s expedited merits process to proceed. The ruling is not a final decision on guilt or the ultimate legal claims. The stay could be lifted later depending on the appeals court’s merits ruling or further action by other courts.

Dissents or concurrances

Judge Hill dissented from the appeals court’s decision below, expressing skepticism that substantial issues remained; the Circuit Justice mentioned those reasons but still found no abuse of discretion.