abuse of process georgia

12576 results for abuse of process georgia

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  • 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 ...

  • __ 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...

  • 554 U.S. 407 (2008), 07-343, Kennedy v. Louisiana

    ...Georgia, 433 U.S. 584, 97 S.Ct. 2861, 53 L.Ed.2d 982, ...Beginning the same process for crimes for which no one has been executed in ...S.L. testified that petitioner sexually abused her three times when she was eight years old and ...

  • 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 ...

  • __ U.S. __ (2015), 14-556, Obergefell v. Hodges

    ...2841, 92 L.Ed.2d 140, which upheld a Georgia law that criminalized certain homosexual acts, ... by the Fourteenth Amendment's Due Process Clause extend to certain personal choices central ... of attempts to restrain this Court's abuse of its authority have failed. A lesson that some ...

  • 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 ...

  • 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 ...

  • 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 ...

  • 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 ...

  • 521 U.S. 702 (1997), 96-110, Washington v. Glucksberg

    ... by the Fourteenth Amendment's Due Process Clause which extends to a personal choice by a ..., the elderly, and disabled persons—from abuse, neglect, and mistakes. The Court of Appeals ... the practice in cases coming to us from Georgia, [ 1 ] Florida, [ 2 ] and Texas. [ 3 ] In ...

  • 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 ...

  • __ 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' ...

  • 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 ...

  • 458 U.S. 747 (1982), 81-55, New York v. Ferber

    ... bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals. Respondent ...Georgia , 394 U.S. 557, 567 (1969); Ginsberg v. New York ... interests, if any, at stake, that no process of case-by-case adjudication is required. When a ...

  • 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 ...

  • 379 U.S. 241 (1964), 515, Heart of Atlanta Motel, Inc. v. United States

    ...       FOR THE NORTHERN DISTRICT OF GEORGIA.         Syllabus. ... of property or liberty without due process of law. Pp. 258-261.         (3) Such ... they have relied, to secure them from its abuse. They are the restraints on which the people must ...

  • 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 ...

  • 554 F.3d 1340 (11th Cir. 2009), 07-14664, Common Cause/Georgia v. Billups

    ... NAACP and voters were not entitled to a permanent injunction for an abuse of discretion. See eBay Inc. v. MercExchange, L.L.C. , 547 U.S. 388, ... in protecting ‘ the integrity and reliability of the electoral process.’ " Id. at 1624 (quoting Anderson , 460 U.S. at 788 n. 9, 103 ...

  • 527 U.S. 1 (1999), 97-1985, Neder v. United States

    ...Such errors infect the entire trial process and necessarily render a trial fundamentally ...Georgia, 467 U.S. 39 (1984) (denial of public trial); ... on the judgment, encourages litigants to abuse the judicial process and bestirs the public to ...

  • 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 ...

  • 513 U.S. 374 (1995), 93-1525, Lebron v. National Railroad Passenger Corporation

    ...Planters' Bank of Georgia, 9 Wheat. 904, 907, 908, and Regional Rail ... standard of review" under the Due Process Clause than a statute impairing private ... a waived claim sua sponte and did not abuse its discretion in doing so. [*] That is quite ...

  • 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 ...