abuse of process georgia

12317 results for abuse of process georgia

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  • 428 U.S. 153 (1976), 74-6257, Gregg v. Georgia

    ...1975).         In addition to the conventional appellate process available in all criminal cases, provision is made for special expedited ..., since that Amendment was intended to safeguard individuals from the abuse of legislative power. See Weems v. United States , 217 U.S. 349, 371-373 ...

  • 10 F.3d 753 (11th Cir. 1993), 91-9153, Sunkist Soft Drinks, Inc. v. Sunkist Growers, Inc.

    ... Court for the Northern District of Georgia.         Before ANDERSON, Circuit Judge ... action, plus an eleventh claim for abuse of process. Sometime thereafter, the California ...

  • 536 U.S. 304 (2002), 00-8452, Atkins v. Virginia

    ...Georgia", 433 U.S. 584, 597. Pp. 311-313.        \xC2"... diminished capacities to understand and process information, to communicate, to abstract from ... to the death penalty because he was abused as a child. We do not hold him immune from ...

  • 476 U.S. 79 (1986), 84-6263, Batson v. Kentucky

    ... at "other stages in the selection process," Avery v. Georgia , 345 U.S. 559, 562 (1953); ... where the selection mechanism is subject to abuse. When circumstances suggest the need, the trial ...

  • 532 U.S. 424 (2001), 99-2035, Cooper Industries, Inc v. Leatherman Tool Group, Inc.

    ..., concluding that the District Court did not abuse its discretion in declining to reduce that award. ...However, the Fourteenth Amendment's Due Process Clause imposes substantive limits on the States' ...Georgia, 408 U.S. 238, and prohibiting States from ...

  • __ U.S. __ (2015), 14-7955, Glossip v. Gross

    After Oklahoma adopted lethal injection as its method of execution, it used a three-drug protocol of sodium thiopental (a barbiturate) to induce a state of unconsciousness; a paralytic agent to inhibit all muscular-skeletal movements; and potassium chloride to induce cardiac arrest. In 2008 the Supreme Court held that that protocol did not violate the Eighth Amendment’s prohibition against cruel...

    ... their own expert regarding the biological process that produces midazolam's ceiling effect. But ... Georgia , 428 U.S. 153, 96 S.Ct. 2909, 49 L.Ed.2d 859 ... found that the District Court did not abuse its discretion by relying on Dr. Evans' ...

  • 140 F.3d 927 (11th Cir. 1998), 97-9381, Lops v. Lops

    ... Court for the Southern District of Georgia.          Before COX and HULL, ...Alleging that Respondent Lops physically abused her, Petitioner sought sole custody of the ... contacts with Georgia to satisfy due process requirements. 9 The federal district court ...

  • 539 U.S. 558 (2003), 02-102, Lawrence v. Texas

    ... was not unconstitutional under the Due Process Clause of the Fourteenth Amendment.  The court ... male.  The conduct was in violation of a Georgia statute making it a criminal offense to engage in ... its boundaries absent injury to a person or abuse of an institution the law protects.  It suffices ...

  • 422 U.S. 806 (1975), 73-5772, Faretta v. California

    ... the rights of confrontation of compulsory process for witnesses in his favor, and of assistance of ... See generally Ferguson v. Georgia , 365 U.S. 570 (1961). Thus, the ability to ... abused its discretion in concluding that Faretta had not ...

  • 567 U.S. 460 (U.S. 2012), 10-9646, Miller v. Alabama

    ... process, this Court has not scrutinized or relied on. ... addiction and his stepfather abused him. Miller, too,. regularly used drugs and ...2641, 171 L.Ed.2d. 525; Coker v. Georgia, 433 U.S. 584, 97 S.Ct. 2861,. 53 L.Ed.2d ...

  • 505 U.S. 833 (1992), Planned Parenthood of Southeastern Pennsylvania v. Casey

    ... by the substantive component of the Due Process Clause of the Fourteenth Amendment. Neither the ...) (attempting to "define the doctrine of abuse of the writ with more precision" after ...Georgia , 394 U.S. 557, 565 (1969). The same holds true ...

  • 543 U.S. 551 (2005), 03-633, Roper v. Simmons

    ... Furman v. Georgia, 408 U.S. 238, 239, 92 S.Ct. 2726, 33 L.Ed.2d ... throughout the capital sentencing process. States must give narrow and precise definition ..., such as considerations of childhood abuse or poverty, away from juries as well? Surely ...

  • 527 F.3d 1162 (11th Cir. 2008), 05-15981, Newland v. Hall

    ... v. . Hilton HALL, Warden, Georgia Diagnostic Prison, Respondent-Appellee. . No. ... Marys, consuming most of the vodka in the process. 5 .           Petitioner left ...'s poor living conditions, the repeated abuse petitioner and his siblings suffered at the hands ...

  • 487 U.S. 815 (1988), 86-6169, Thompson v. Oklahoma

    ...Georgia , 408 U.S. 238 (1972), that the death penalty, as ... provides for some 15-year-olds to be processed through the adult criminal justice system, and ... being, at least in part, Keene's physical abuse of Thompson's sister. As Thompson left his ...

  • 443 U.S. 307 (1979), 78-5283, Jackson v. Virginia

    ... presupposes, as an essential of the due process guaranteed by the Fourteenth Amendment, that no ...196, 201; Presnell v. Georgia , 439 U.S. 14. These standards no more than ...It is the occasional abuse that the federal writ of habeas corpus stands ...

  • 509 U.S. 350 (1993), 92-5653, Johnson v. Texas

    ... of his mental retardation and childhood abuse in light of his particular circumstances, id., ...Georgia, 408 U.S. 238 (1972). At the time of Furman, ... indispensable part of the process of inflicting the penalty of death." Woodson, ...

  • 809 F.3d 134 (5th Cir. 2015), 15-40238, Texas v. United States

    ... OF TEXAS; STATE OF ALABAMA; STATE OF GEORGIA; STATE OF IDAHO; STATE OF INDIANA; STATE OF ...Reviewing the district court's order for abuse of discretion, we affirm the preliminary ... also " direct[ed] USCIS to establish a process, similar to DACA," known as DAPA, which applies ...

  • 422 U.S. 853 (1975), 73-6587, Herring v. New York

    ...2553] to "compulsory process" for defense witnesses, and to the "Assistance of ...For example, in Ferguson v. Georgia , 365 U.S. 570, the Court held constitutionally ... of course to both appellate review on an abuse of discretion standard and, ultimately, to the ...

  • 481 U.S. 279 (1987), 84-6811, McCleskey v. Kemp

    ..., a black man, was convicted in a Georgia trial court of armed robbery and murder, arising ... claim that the Georgia capital sentencing process was administered in a racially discriminatory ... will infer that the discretion has been abused. Pp. 292-297.        (b) There is no ...

  • 497 U.S. 502 (1990), 88-805, Ohio v. Akron Center for Reproductive Health

    ... a pattern of physical, emotional, or sexual abuse against her, or that notice is not in her best ... such as Ohio's does not violate due process by placing the burden of proof on the issues of ...(ND Ga.1987) (noting with disapproval that Georgia statute made no provision for court documents to ...

  • 580 F.3d 1301 (Fed. Cir. 2009), 2008-1485, Lucent Technologies, Inc. v. Gateway, Inc.

    ...           We review for an abuse of discretion a district court's decision ... The bank is in the process of implementing a two-phase strategy that it ... See Georgia-Pacific Corp. v. U.S. Plywood Corp., 318 F.Supp. ...

  • 442 U.S. 584 (1979), 75-1690, Parham v. J.R.

    ...        FOR THE MIDDLE DISTRICT OF GEORGIA.         Syllabus. ... state mental hospitals violated the Due Process Clause of the Fourteenth Amendment, and requested ... decision, absent a finding of neglect or abuse. However, the child's rights and the nature of ...

  • 558 U.S. 209 (2010), 09-5270, Presley v. Georgia

    ..., the Court of Appeals of Georgia agreed, finding "[t]here was no abuse of discretion here, when the trial court explained the need to exclude ... . applicable to the States via the Due Process Clause of the Fourteenth Amendment. The Sixth Amendment directs, in ...

  • 520 U.S. 305 (1997), 96-126, Chandler v. Miller

    .... v. . MILLER, GOVERNOR OF GEORGIA, et al. . Case No. 96-126 . United States ...A demonstrated problem of drug abuse, while not in all cases necessary to the validity ... the intrusiveness of the collection process, id., at 626;. . and, more important, railway ...

  • 261 F.3d 1075 (11th Cir. 2001), 99-12623, Byrne v Nezhat

    ... Court for the Northern District of Georgia.         Before TJOFLAT, BIRCH and ... of review is whether the district court abused its discretion when it denied Manov's motions. ... and "must comply with the mandates of due process, both in determining that the requisite bad faith ...