United States Eleventh Circuit

In appeal brought by state death row inmate to compel defendants to produce evidence for DNA testing in capital murder of criminal-plaintiff's stepdaughter, judgment of dismissal is affirmed and emergency motion for stay of execution of pending appeal is denied as moot where: 1) there was no evidence of bad faith on the part of the state; 2) there was no evidence that further discovery would unearth missing items; and 3) the district court did not abuse its discretion in denying additional discovery.

Appellate Information

• Decided 02/03/2009
• Published 02/03/2009

Judges

Court

• United States Eleventh Circuit

Counsel