georgia motion to open default

1975 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 ...

  • 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 ...

  • 526 U.S. 838 (1999), 97-2048, O'Sullivan v. Boerckel

    ... Boerckel had procedurally defaulted his first three claims by failing to ... the Court to have left open the question (not directly ... he had asserted it in a motion for new trial that "came too late." ... granted 39 of 3,265 (1.2%); Georgia granted 11 of 189 (5.8%); Ohio ...

  • 545 U.S. 524 (2005), 04-6432, Gonzalez v. Crosby

    ... not tolled while petitioner's motion for postconviction relief was ... parties from the effect of a default judgment mistakenly entered against ... for asserting three of the most open-ended grounds of relief (excusable ... E. Baker of Georgia, Mark J. Bennett of Hawaii, Lawrence ...

  • 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 ...

  • 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 ...

  • 281 F.3d 568 (6th Cir. 2002), 00-3733, Monzo v. Edwards

    ... had been procedurally defaulted in state court, and (2) that the ... and which of her keys would open the back door. The man led her to ... his parents in Alpharetta, Georgia, between October 19 and November 12, ... On May 8, 1998, Monzo filed a motion to reopen or reconsider his appeal ...

  • 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 ...     While the rehearing 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 ...

  • 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 ...

  • 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 ...

  • 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 . ...

  • 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 ...

  • 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 ...

  • 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, ...

  • 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 ...

  • 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 ...

  • 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 ...

  • 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 ...

  • 199 F.3d 1197 (10th Cir. 1999), 98-6236, Paxton v Ward

    ...Paxton and went to the door to open it. .         The trial ... dismissed upon the state's motion. The court order in that case ..., we may not hear this defaulted claim unless Mr. Paxton establishes ...Georgia, 442 U.S. 95 (1979) (per curiam), of ...