georgia motion to open default

1978 results for georgia motion to open default

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  • __ U.S. __ (2016), 14-8349, Foster v. Chatman

    During jury selection at Foster’s trial, the state (Georgia) used peremptory challenges to strike all four qualified black prospective jurors. Foster was convicted of capital murder and sentenced to death. The trial court rejected an argument that the strikes were racially motivated, in violation of Batson v. Kentucky. While his state habeas petition was pending, Foster obtained copies of the...

    ... TO THE SUPREME COURT OF GEORGIA. . . ..., Foster, through the Georgia Open. Records Act, obtained from ... motion for a new trial. After an ... imposes a procedural default,". then there is a rebuttable ...

  • 2 U.S. 419 (1793), Chisholm v. Georgia

    ... for the plaintiff, made the following motion on the 11th of August, 1792.  'That unless the ... enter into this matter no further, as it is open for discussion in almost every stage of the ...  The King recovers in a Quare impedit by default against one who was never summoned; the party ...

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

    ...; STATE OF ALABAMA; STATE OF GEORGIA; STATE OF IDAHO; STATE OF INDIANA; ... hours of oral argument, a motions panel denied the stay after ... the government admits in its opening brief, persons granted lawful ...), http://www.dhs.gov/sites/default...

  • 696 F.2d 804 (11th Cir. 1983), 81-6200, Ford v. Strickland

    ... Ford's communication as a motion to dismiss his appeal, the motion is ... concedes procedural default on this issue, admitting that it was ... to the Supreme Court of Georgia, --- U.S. ----, 102 S.Ct. 1856, 72 ...Indeed, Stephens leaves open the possibility that when there are ...

  • 517 U.S. 44 (1996), 94

    ... The District Court denied the motion, but the Court of Appeals reversed, ...Georgia, 2 Dall. 419 (1793). See, e. g., ... adopted by the States, was open to change by the Legislature is ..., asserting that the State’s default amounted to an impairment of the ...

  • 485 F.3d 103 (3rd Cir. 2006), 04-9005, Albrecht v. Horn

    ... keys from the ignition and opened the trunk where the can was ... exhaustion and procedural default, and nonretroactivity. ...Georgia, 498 U.S. 411, 423-24, 111 S.Ct. ... anecdotal support for his motion. Nevertheless, we find Appellant's ...

  • 592 F.3d 1144 (11th Cir. 2010), 07-11360, Ward v. Hall

    ... v. . Warden Hilton HALL, Georgia Diagnostic Prison, ... 11 June 1992 and denied his motion for reconsideration on 2 July 1992. ...'s claims were procedurally defaulted because Ward failed to raise those ... during his sentencing phase opening argument, Townley primed the jury to ...

  • 402 F.3d 1267 (11th Cir. 2005), 02-12409, Cotton v. Massachusetts Mut. Life Ins. Co.

    ... for the Northern District of Georgia.         Before TJOFLAT and ...'s answer and entering a default as a sanction for discovery ..., and that the plaintiffs' motion to remand should have been granted ... preemption doctrine leaves open the question whether the plaintiff's ...

  • 681 F.3d 1283 (Fed. Cir. 2012), 2011-1471, Merial Ltd. v. Cipla Ltd.

    ..., Merial Limited, of Duluth, Georgia, Frank G. Smith, III, Alston & Bird, ...           The 2008 Default Judgment .          Cipla ... district court granted that motion on March 6, 2008. In relevant part, ..., that issue remained an open question at the time, and Cipla had ...

  • 534 U.S. 362 (2002), 00-6933, Lee v. Kemna

    ... any procedural flaw in the motion's presentation or content. The trial ... prominently in counsels' opening statements on day two of Lee's ..."the claim was procedurally defaulted." 213 F.3d, at 1038. [ 7 ] . . ...Georgia, 498 U.S. 411, 422-424 (1991). ...

  • 489 U.S. 401 (1989), 87-121, Dugger v. Adams

    ... in a subsequent unsuccessful motion in state court for postconviction ... cause for his procedural default. The court then proceeded to hold ...We have, however, "left open `for. Page 407. resolution in ... See Williams v. Georgia , 349 U.S. 375 (1955); Patterson v. ...

  • 514 U.S. 779 (1995), 93-1456, U.S. Term Limits, Inc. v. Thornton

    ...        On cross-motions for summary judgment, the Circuit ... opportunity to be elected was open to all. [ 11 ] We noted in ... states that "the people of Georgia have no say over whom the people of ... States thus face different default rules: Where the Constitution is ...

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

    ...Georgia , 394 U.S. 557, which struck down a ... scienter under the Ohio default statute specifying that recklessness ... Ohio Supreme Court denied a motion for rehearing, and granted a stay ..., the court construed the open-ended terms used in 18 U.S.C. § ...

  • 300 F.3d 1232 (11th Cir. 2002), 01-11915, Isaacs v. Head

    ...HEAD, Warden, Georgia Diagnostic and Classification ...motion was pending in the U.S. Supreme ... to file briefs on procedural default and on discovery. The court then ... violated when his trial was opened with a prayer. Whether the district ...

  • 738 F.3d 1253 (11th Cir. 2013), 12-11212, Bryant v. Warden, FCC Coleman-Medium

    ... only through a § 2255 motion. However, the savings clause in § ...PROCEDURAL DEFAULT .          At the outset, ... clause in § 2255(e) may open the portal to a § 2241 petition is ... for the Southern District of Georgia, sitting by designation. 1 ...

  • 379 U.S. 443 (1965), 6, Henry v. Mississippi

    ..., which would otherwise be open on federal habeas corpus, even if ... petitioner's renewal of his motion at the close of all evidence. ...A procedural default which is held to bar challenge to a ...Georgia , 373 U.S. 284, 289-291. 5 . ...

  • 537 U.S. 101 (2003), 01-7574, Sattazahn v. Pennsylvania

    ... and the court on its own motion enters a life sentence. The mere ...A default judgment does not trigger a double ... guarantees under the open-ended rubric of the Due Process ... Georgia , 428 U.S. 153, 188, and later cases ...

  • 399 U.S. 235 (1970), Williams v. Illinois

    ..., that, if appellant was in default of the payment of the fine and court ... court granted the State's motion to dismiss the petition. for the ...        The need to be open to reassessment of ancient practices ...951.16.         Georgia.         Fines imposed by ...

  • 108 U.S. 76 (1883), State of New Hampshire v. State of Louisiana

    ... court against the state of Georgia, and process was served on the ..., moved for a judgment by default on the fourth day of the next term, ... proceeded alone, and in opening his argument said:  'I did not want ... to satisfy me that the motion which I have made is unpopular.  ...

  • 227 F.3d 908 (7th Cir. 2000), 00-1096, Braun v Powell

    ...While her motion for a new trial was pending, she ...Procedural Default.         We review de novo ...Georgia, 498 U.S. 411, 423-24 (1991) ... Sixth Amendment's right to an open trial. 8 . .         We ...

  • 167 U.S. 409 (1897), 255, Hovey v. Elliott

    ... Columbia at general term, on motion of the complainants and proof of ..., reciting that the default of all persons had been duly ... as irregular, and for leave to open the accounts allowed in former ...Georgia , 166 U.S. 138, impliedly sustains ...

  • 81 F.3d 1015 (11th Cir. 1996), 94-6793, Hill v. Jones

    ..., Law Offices, Atlanta, Georgia, Palmer C. Singleton, Atlanta, ... counsel, were procedurally defaulted under Alabama law. Hill responded to ... habeas corpus, as well as motions to alter or amend judgment and for ... ineffective assistance claim to open the door to review of underlying, ...

  • 662 F.3d 18 (1st Cir. 2011), 09-2468, Bucci v. United States

    ... . Waller v. Georgia, 467 U.S. 39, 46, 104 S.Ct. 2210, ... the right to a trial that is open to members of the public. This right ... The trial judge denied the motion, expressing concern that " family ... " cause" for his procedural default in failing to object to the ...

  • 250 F.3d 1308 (11th Cir. 2001), 00-12786, Judd v Haley

    ... the doctrine of procedural default precluded federal review of his ... the courtroom to prepare for opening statements. ..., ladies and gentlemen, upon motion of the State of Alabama, which I ...Georgia, 467 U.S. 39, 104 S.Ct. 2210, 81 ...

  • 483 F.3d 48 (1st Cir. 2007), 05-1784, Owens v. United States

    ..." for having procedurally defaulted his claims, and if the petitioner ... prisoner's claims unless "the motion and the files and records of the ...Georgia, 467 U.S. 39, 46, 104 S.Ct. 2210, ... has a right to a trial that is open to members of the public. Waller, ...