georgia motion to open default

2024 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...

    ... OF CERTIORARI TO THE SUPREME COURT OF GEORGIA. . .          . ... was pending, Foster, through the Georgia Open. Records Act, obtained from the State ... motion for a new trial. After an evidentiary hearing, ... the claim explicitly imposes a procedural default,". then there is a rebuttable presumption " ...

  • 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 ...

  • 17 U.S. 518 (1819), Trustees Of Dartmouth College v. Woodward

    ... special grace, certain knowledge and mere motion, by and with the advice of our counsel for said ... of the pretended Prince of Wales, and his open and secret abettors;' that is to say, the ... other property went to his heir; and in default of heirs, it went to the king, as all other ... from a grant.  The contract between Georgia and the purchasers was executed by the grant.  A ...

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

    ... briefs on the subject of the dismissal motion and on the merits of Coleman's claims, the ... habeas appeal, Coleman had procedurally defaulted the seven claims. The Court of Appeals affirmed, ... See, e.g., Fox Film, supra; Herndon v. Georgia , 295 U.S. 441 (1935). In the context of direct ...In Wainwright, we left open the question whether the deliberate bypass ...

  • 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 ... more than two hours of oral argument, a motions panel denied the stay after determining that the ...15 But as the government admits in its opening brief, persons granted lawful presence pursuant ...20, 2014), http://www.dhs.gov/sites/default...

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

    ..., considering Ford's communication as a motion to dismiss his appeal, the motion is untimely. ...      Petitioner concedes procedural default on this issue, admitting that it was raised ....1981), certified to the Supreme Court of Georgia, --- U.S. ----, 102 S.Ct. 1856, 72 L.Ed.2d 222 ...Indeed, Stephens leaves open the possibility that when there are proper state ...

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

    ... v. . Warden Hilton HALL, Georgia Diagnostic Prison, Respondent-Appellee. . No. ... sentence on 11 June 1992 and denied his motion for reconsideration on 2 July 1992. See Ward ... four of Ward's claims were procedurally defaulted because Ward failed to raise those claims on ... claimed that during his sentencing phase opening argument, Townley primed the jury to expect to be ...

  • 527 U.S. 706 (1999), 98-436, Alden v. Maine

    ... a private citizen of another State to sue Georgia without its consent, Chisholm v. Georgia, 2 ... of Georgia, to satisfy me, that the motion, which I have made is unpopular. Before that ... was adopted, it was understood to be left open for citizens of a State to sue their own state in ...Not only must a State defend or default but also it must face the prospect of being ...

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

    ... he so allege in a subsequent unsuccessful motion in state court for postconviction relief or in a ... had established cause for his procedural default. The court then proceeded to hold that the ...107, 129 (1982). We have, however, "left open `for. Page 407. resolution in future decisions ... See Williams v. Georgia , 349 U.S. 375 (1955); Patterson v. Alabama , ...

  • 535 U.S. 162 (2002), 00-9285, Mickens v. Taylor

    ...Finally, in Wood v. Georgia, 450 U.S. 261, the Court granted certiorari to ... for purposes of excusing [petitioner’s] default . . . incorporates the test for evaluating his ..., the trial court had denied counsel’s motions for the appointment of separate counsel and had ... multiple representation, and counsel’s opening argument at Sullivan’s trial suggested that the ...

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

    ...        On cross-motions for summary judgment, the Circuit Court held that ... that the opportunity to be elected was open to all. [ 11 ] We noted in particular Madison's ... when it states that "the people of Georgia have no say over whom the people of Massachusetts ... and the States thus face different default rules: Where the Constitution is silent about the ...

  • 445 U.S. 573 (1980), 78-5420, Payton v. New York

    ... by this challenge has been expressly left open in a number of our prior opinions. In United ..., affirmed the denial of the suppression motion. 11 .         The New York Court of ... hereafter appears, for the law without a default in the owner abhors the destruction . . or ...§ 46-6-401 (1979) (same as Georgia); S.C.Code § 23-15-60 (1976); 1 by state common ...

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

    ...Georgia , 394 U.S. 557, which struck down a Georgia law ... must establish scienter under the Ohio default statute specifying that recklessness applies ...      The Ohio Supreme Court denied a motion for rehearing, and granted a stay pending appeal ... (1957), for example, the court construed the open-ended terms used in 18 U.S.C. § 1461, which ...

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

    ... v. . Frederick J. HEAD, Warden, Georgia Diagnostic and Classification Prison, ...        While the rehearing motion was pending in the U.S. Supreme Court, Isaacs ... the parties to file briefs on procedural default and on discovery. The court then entered an order ... rights were violated when his trial was opened with a prayer. Whether the district court erred ...

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

    ... of his detention only through a § 2255 motion. However, the savings clause in § 2255(e) ...5 .           II. PROCEDURAL DEFAULT .          At the outset, one wonders ... whether the savings clause in § 2255(e) may open the portal to a § 2241 petition is a " ... Judge for the Southern District of Georgia, sitting by designation. 1 Bryant's other ...

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

    ... waiver question, which would otherwise be open on federal habeas corpus, even if the state ... not mention petitioner's renewal of his motion at the close of all evidence. ...A procedural default which is held to bar challenge to a conviction in ...313, 320; see also Wright v. Georgia , 373 U.S. 284, 289-291. 5 .         We ...

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

    ... been fully tried and the court on its own motion enters a life sentence. The mere prospect of a ...A default judgment does not trigger a double jeopardy bar ... of those constitutional guarantees under the open-ended rubric of the Due Process Clause invites ...As our elaboration in Gregg v. Georgia , 428 U.S. 153, 188, and later cases ...

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

    ... by statute, that, if appellant was in default of the payment of the fine and court costs at the ... 5 and the trial court granted the State's motion to dismiss the petition. for the reason that ...12 .        The need to be open to reassessment of ancient practices other than ...951.16.         Georgia.         Fines imposed by the court ...

  • 565 F.3d 810 (11th Cir. 2009), 08-16009, In re Davis

    ..., 2008, Troy Anthony Davis (" Davis" ), a Georgia death row inmate, filed an application with this ..., he sought to overcome his procedural default of these claims by showing under Schlup v. ... thereafter, Davis filed an extraordinary motion for new trial, presenting newly discovered ... habeas relief if there were no state avenue open to process such a claim." 4 We likewise have ...

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

    ...While her motion for a new trial was pending, she escaped from ...         A. Procedural Default.         We review de novo the district ...Georgia, 498 U.S. 411, 423-24 (1991) (quoting James v. ... inform the Sixth Amendment's right to an open trial. 8 . .         We caution that ...

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

    ... District of Columbia at general term, on motion of the complainants and proof of noncompliance on ... decree of condemnation, reciting that the default of all persons had been duly entered. It is ... the report as irregular, and for leave to open the accounts allowed in former reports, on the ...Georgia , 166 U.S. 138, impliedly sustains the validity ...

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

    ...Fisher, Law Offices, Atlanta, Georgia, Palmer C. Singleton, Atlanta, Georgia, Oliver ... of counsel, were procedurally defaulted under Alabama law. Hill responded to the State's ... Petition" for habeas corpus, as well as motions to alter or amend judgment and for an evidentiary ...-defaulted ineffective assistance claim to open the door to review of underlying, defaulted, ...

  • 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, 81 L.Ed.2d 31 ... defendants the right to a trial that is open to members of the public. This right was " ... Id. The trial judge denied the motion, expressing concern that " family members [might ... could show " cause" for his procedural default in failing to object to the courtroom closure, ...

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

    ..."removed the keys from the ignition and opened the trunk where the can was located." Id. This ... regarding exhaustion and procedural default, and nonretroactivity.          III. ...Georgia, 498 U.S. 411, 423-24, 111 S.Ct. 850, 112 ... no more than anecdotal support for his motion. Nevertheless, we find Appellant's submissions ...

  • 322 F.3d 573 (9th Cir. 2002), 00-56199, Bennett v. Mueller

    ... render his habeas petition procedurally defaulted. In so doing, we must determine whether the state ...The trial court denied Bennett's motion and, finding the aggravating circumstances of his ... two cases remained pending; therefore, an open plea remained if he wished to plead guilty to the ...Georgia , 498 U.S. 411, 424 (1991)). Although a state ...