Bundy v. Wainwright, 86-3773
| Decision Date | 18 November 1986 |
| Docket Number | No. 86-3773,86-3773 |
| Citation | 805 F.2d 948 |
| Parties | Theodore Robert BUNDY, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, State of Florida, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
Polly Nelson, Wilmer, Cutler and Pickering, James E. Coleman, Jr., Washington, D.C., for petitioner-appellant.
Mark Menser, Asst. Atty. Gen. of Fla., Dept. of Legal Affairs, Raymond L. Marky, John Koenig, Asst. Attys. Gen., for respondent-appellee.
On Appeal from the United States District Court for the Middle District of Florida.
Before GODBOLD, VANCE and JOHNSON, Circuit Judges.
Theodore Robert Bundy, scheduled to be executed at 7:00 a.m. on Tuesday, November 18, 1986, petitions this Court for a certificate of probable cause to appeal, for leave to proceed in forma pauperis on said appeal and for a stay of execution pending disposition of his petition for writ of habeas corpus. The United States District Court for the Middle District of Florida denied Bundy's application for the writ of habeas corpus at 10:49 p.m. on November 17, 1986. The district court also denied the application for certificate of probable cause. The limited period of time remaining until the scheduled execution is insufficient to allow this Court to fully consider petitioner's claims. For that reason, a stay of execution is mandated. Barefoot v. Estelle, 463 U.S. 880, 103 S.Ct. 3383, 77 L.Ed.2d 1090 (1983).
Accordingly, petitioner's application for a certificate of probable cause and motion for leave to proceed in forma pauperis are each GRANTED. Petitioner's application for a stay of execution pending appeal is GRANTED.
It is ORDERED that the appeal in this case is EXPEDITED.
To continue reading
Request your trial
-
Bundy v. Dugger
...1986). This Court subsequently granted a certificate of probable cause and a stay of execution pending appeal. Bundy v. Wainwright, 805 F.2d 948 (11th Cir.1986) (Bundy II ), application to vacate stay denied, --- U.S. ----, 107 S.Ct. 483, 93 L.Ed.2d 426 After briefing and oral argument, thi......
-
Bundy v. State, 73585
...the court of appeals stayed Bundy's execution pending appeal from the denial of his petition for habeas corpus. Bundy v. Wainwright, 805 F.2d 948 (11th Cir.1986). That court later directed the district court to hold an evidentiary hearing on Bundy's claim that he was incompetent to stand tr......
-
Bundy v. Dugger
...probable cause. This Court subsequently granted a certificate of probable cause and a stay of execution pending appeal. Bundy v. Wainwright, 805 F.2d 948 (11th Cir.1986). In this appeal Bundy raises numerous claims challenging both his conviction and his sentence. Bundy initially contends t......
-
Bundy v. Wainwright
...United States District Court for the Middle District of Florida, and an appeal therefrom is pending before this court. Bundy v. Wainwright, 805 F.2d 948 (11th Cir.1986).2 The petition alleged a number of constitutional violations including inadequacy of the state trial court's inquiry into ......