abuse of process georgia

12562 results for abuse of process georgia

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  • 512 U.S. 967 (1994), 93-5131, Tuilaepa v. California

    ... is a permissible part of the sentencing process. Tuilaepa's challenge to factor (i) is also ... Coker v. Georgia, 433 U.S. 584(1977). To render a defendant ... inflict[ed] mental anguish or physical abuse before the victim's death" with "[m]ental anguish ...

  • 519 U.S. 102 (1996), 95-853, M. L. B v. S. L. J.

    ... a State may not, consistent with the Due Process and Equal Protection Clauses of the Fourteenth ...Georgia, 461 U.S. 660, 665. A "precise rationale" has ...L. B.'s] serious neglect, abuse, prolonged and unreasonable absence or ...

  • 505 U.S. 42 (1992), 91-372, Georgia v. McCollum

    ... injury when the fairness and the integrity of its own judicial process is undermined; since, as the representative of all its citizens, it has a ... (1988); Sullivan, The Prosecutor's Right to Object to a Defendant's Abuse...

  • 495 U.S. 103 (1990), 88-5986, Osborne v. Ohio

    ...Georgia , 394 U.S. 557, which struck down a Georgia law ..., which permanently record the victim's abuse and thus. . may haunt him for years to come, ... pending cases might be barred by the Due Process Clause. Furthermore, requiring that statutes be ...

  • 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 ...

  • 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 ...

  • 548 U.S. 399 (2006), 05-204, League of United Latin American Citizens v. Perry

    ..., it is shown that the political processes leading to nomination or election . . . are not ... throughout a decade, see, e.g., Georgia v. Ashcroft, 539 U.S. 461, 488, n. 2, 123 S.Ct. ... gerrymandering as other than what it is: an abuse of power that, at its core, evinces a fundamental ...

  • 492 U.S. 302 (1989), 87-6177, Penry v. Lynaugh

    ... evidence also indicated that he had been abused as a child. The State introduced testimony that ...Georgia , 408 U.S. 238. As Gregg v. Georgia , 428 U.S. ... indispensable part of the process" of inflicting the penalty of death. .      \xC2"...

  • 223 U.S. 605 (1912), 70, Philadelphia Company v. Stimson

    ... cannot claim immunity from injunctive process.         Where complainant does not ask ...The suit rests upon the charge of abuse of power, and its merits must be determined ... . . South Carolina v. Georgia, 93 U.S. 4; Shively v. Bowlby, 152 U.S. 1; ...

  • __ 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' ...

  • 486 U.S. 356 (1988), 87-519, Maynard v. Cartwright

    ...Georgia, 408 U.S. 238. The court also ruled that the ..., or cruel" represents an improper Due Process Clause approach to vagueness that fails to ... ruled that torture or serious physical abuse is the only constitutionally acceptable limiting ...

  • 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 ...

  • 535 U.S. 234 (2002), 00-795, Ashcroft v. Free Speech Coalition

    ... the children exploited by the production process, New York v. Ferber, 458 U.S. 747, 758, and in ... “intrinsically related” to the sexual abuse of children in two ways. 458 U.S., at 759. First, ...Georgia, 394 U.S. 557, 566, absent some showing of a ...

  • 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 ...

  • 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 ...

  • 349 U.S. 375 (1955), 412, Williams v. Georgia

    ... add that it was the system of selection and the resulting danger of abuse which was struck down in Avery, and not an actual showing of ... pointed out, fair and reasonable, and cannot be said to deny due process of law. Georgia has provided a reasonable time and manner in which [75 ...

  • 457 U.S. 922 (1982), 80-1730, Lugar v. Edmondson Oil Co., Inc.

    ... deprive him of his property without due process of law. The District Court held that the alleged ... as petitioner alleged only misuse or abuse by respondents of Virginia law, he did not state ... See North Georgia Finishing, Inc. v. Di-Chem, Inc., 419 U.S. 601 ...

  • 733 F.2d 304 (4th Cir. 1984), 83-6272, Shaw v. Martin

    ... review, the question is whether the judge abused his discretion in denying a recusal motion. Id. ... fair hearing and was otherwise denied due process in state court because of bias of the state ...See Godfrey v. Georgia, 446 U.S. 420, 439, 100 S.Ct. 1759, 1770, 64 ...

  • 412 U.S. 17 (1973), 71-6732, Chaffin v. Stynchcombe

    ... 711, 719-721, and does not offend the Due Process Clause as long as the jury is not informed of the ... 1969, petitioner was tried by a jury in a Georgia state criminal court on a charge of robbery by ... The potential for such abuse of the sentencing process by the jury is, we ...

  • 345 U.S. 559 (1953), 648, Avery v. Georgia

    ... was available to resort to it at other stages in the selection process. And, in view of the case before us, where not a single Negro was selected ... the color of the slips and partly because of the subsequent use or abuse that could be made of the slips, however fairly drawn. However that may ...

  • 430 U.S. 482 (1977), 75-1552, Castaneda v. Partida

    ... District Court, alleging a denial of due process and equal protection under the Fourteenth ...Jury Comm'n, supra; Whitus v. Georgia , 385 U.S. 545, 552 (1967); Swain v. Alabama , ... selection procedure that is susceptible of abuse or is not racially neutral supports the ...

  • 518 U.S. 651 (1996), 95-8836, Felker v. Turpin

    ... other crimes and sentenced to death by a Georgia state court, petitioner was denied relief on ... on what is called in habeas practice "abuse of the writ." The doctrine of abuse of the writ ... within the compass of this evolutionary process and do not amount to a "suspension" of the writ. ...

  • 512 U.S. 154 (1994), 92-9059, Simmons v. South Carolina

    ... law prohibits his release on parole, due process requires that the sentencing jury be informed ... of neglect and extreme sexual and physical abuse petitioner endured as an adolescent. While there ...g., Godfrey v. Georgia, 446 U.S. 420, 427-428 (1980); Mills v. ...

  • 708 F.3d 1243 (11th Cir. 2013), 11-11287, Starship Enterprises of Atlanta, Inc. v. Coweta County, Georgia

    ... Count 1, Substantive Due Process. The County and Wagner deprived Starship of the use of its store property ...Finally, we review for abuse of discretion a district court's dismissal of state law claims pursuant to ...

  • 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 ...