abuse of process georgia

12370 results for abuse of process georgia

  • vLex Rating
  • 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 ...

  • 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 ...

  • __ U.S. __ (2015), 13-7120, Johnson v. United States

    After Johnson pleaded guilty to being a felon in possession of a firearm, 18 U.S.C. 922(g), the prosecution sought an enhanced sentence under the Armed Career Criminal Act, which imposes an increased prison term upon a defendant with three prior convictions for a “violent felony,” a term defined by section 924(e)(2)(B)’s residual clause to include any felony that “involves conduct that presents a

    ... under ACCA's residual clause violates due process. Pp. 3-15. . .          (a) The ..., J., dissenting) (discussing a 1764 Georgia law requiring the apprehension of " all able ... imprisonment); § 117(a) (" assault, sexual abuse...

  • 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 ...

  • 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, ...

  • 408 U.S. 238 (1972), 69-5003, Furman v. Georgia

    ... .        That the requirements of due process ban cruel and unusual punishment is now settled. Louisiana ex rel. ...The abuse of power might, indeed, be apprehended, but not that it would be ...

  • 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 ...

  • 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 ...

  • 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 ...

  • 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 ...

  • 554 U.S. 570 (2008), 07-290, District of Columbia v. Heller

    ... another provision deleted in the drafting process. 12 In any case, what Justice Stevens would ... in 1689 as a result of the Stuarts' abuses was by the time of the founding understood to be ... public-safety reasons-such as the 1770 Georgia law that "for the security and defence of this ...

  • 529 U.S. 362 (2000), 98-8384, Williams v. Taylor

    ... that dramatically described mistreatment, abuse, and neglect during his early childhood, as well ...Baker of Georgia, Alan G. Lance of Idaho, James E. Ryan of ... by a breakdown in the adversary process caused by deficiencies in counsel's assistance. ...

  • 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 ...

  • 501 U.S. 722 (1991), 89-7662, Coleman v. Thompson

    ... See, e.g., Fox Film, supra; Herndon v. Georgia , 295 U.S. 441 (1935). In the context of direct ... rules at every stage of the judicial process, and the harm to the States that results when ... technical interests, and "surely it is an abuse to deal too casually and too lightly with rights ...

  • 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. ...

  • 510 U.S. 1141 (1994), 93-7054, Callins v. Collins

    .... . without due process of law. .         This clearly permits ...Georgia , 408 U.S. 238 (1972) (per curiam), but the ... of mental retardation and history of child abuse. The Texas statute required the jury, during the ...

  • 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 ...

  • 499 U.S. 467 (1991), 89-7024, McCleskey v. Zant

    ... McCleskey's alibi defense at his 1978 Georgia trial for murder and a related crime, the State ... reversed on the basis of the doctrine of abuse of the writ, which defines the circumstances in ... contended that the State violated his due process rights under Giglio v. United States , 405 U.S. ...

  • 446 U.S. 420 (1980), 78-6899, Godfrey v. Georgia

    ... "aggravated battery," so as to require evidence of serious physical abuse of the victim before death. Pp. 429-432.         (c) However, the ... detailed guidance," 6 and that "make rationally reviewable the process for imposing a sentence of death." 7 As was made clear in Gregg, a ...

  • 549 U.S. 497 (2007), 05-1120, Massachusetts v. Environmental Protection Agency

    ... demanding standards of the adversarial process. EPA's steadfast refusal to . . . . ... finds it to be] arbitrary, capricious, an abuse of discretion, or otherwise not in accordance ...As Justice Holmes explained in Georgia v. Tennessee Copper Co., 206 U.S. 230, 237, ...

  • 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 ...

  • 539 U.S. 510 (2003), 02-311, Wiggins v. Smith

    ... worker about the severe physical and sexual abuse he had suffered at the hands of his mother and ... case possible.  During the sentencing process itself, counsel did not focus exclusively on ... California, Alabama, Arizona, Colorado, Georgia, Illinois, Indiana, Louisiana, Montana, Nebraska, ...

  • 588 F.3d 1291 (11th Cir. 2009), 08-16951, Mann v. Taser Intern., Inc.

    ... Court for the Northern District of Georgia.           Before CARNES, FAY and ... Plaintiffs urge: (1) the district court abused its discretion in deeming the defendants' ..., Melinda's rights exist under the due process clause of the Fourteenth Amendment rather than ...

  • 535 U.S. 743 (2002), 01-46, Federal Maritime Comm'n v. South Carolina Ports Authority

    ...Georgia, 2 Dall. 419 (1793), that Article III authorized ... mark it as an immunity from judicial process.” Brief for United States 15. . ... thus to “reduce the risk of tyranny and abuse from either front.” Gregory v. Ashcroft, 501 ...