georgia motion to open default

2029 results for georgia motion to open default

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

    ... finding that the doctrine of procedural default precluded federal review of his underlying ... into the courtroom to prepare for opening statements.         Following opening ...motion of the State of Alabama, which I have granted, ...Supreme Court articulated in Waller v. Georgia, 467 U.S. 39, 104 S.Ct. 2210, 81 L.Ed.2d 31 ...

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

    ... Court for the Northern District of Georgia.         Before TJOFLAT and ANDERSON, ... Mass Mutual's answer and entering a default as a sanction for discovery violations. On ... in federal court, and that the plaintiffs' motion to remand should have been granted at the outset. ... of the complete preemption doctrine leaves open the question whether the plaintiff's claims are ...

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

    ... has "cause" for having procedurally defaulted his claims, and if the petitioner suffered ... on the prisoner's claims unless "the motion and the files and records of the case ...Georgia, 467 U.S. 39, 46, 104 S.Ct. 2210, 81 L.Ed.2d 31 ...  A defendant has a right to a trial that is open to members of the public. Waller, 467 U.S. at ...

  • 273 F.3d 991 (11th Cir. 2001), 98-7033, United States v Ardley

    ... rule requiring that issues be raised in opening briefs is well-established. See United States v. ... purposes, as do all of the procedural default rules, which is why we regularly apply them. See ...Beam Distilling Co. v. . . Georgia, 501 U.S. 529, 544, 111 S.Ct. 2439, 2448, 115 ...'s precedent, the district court denied the motion, simply citing Ardley and noting that the time ...

  • 151 U.S. 496 (1894), 158, Galveston, Harrisburg and San Antonio

    ... plaintiff was entitled to consider him in default, and to have judgment. It was held, however, by ... would leave the courts of the United States open to aliens against citizens and close them to ... suit was brought in the latter, and upon a motion to change. . the venue, the court held that ...The Constitution of Georgia provided that. the inferior courts shall have ...

  • 697 F.2d 977 (11th Cir. 1983), 81-7675, Thomas v. Zant

    ... v. . Walter D. ZANT, Warden, Georgia Diagnostic and . Classification Center, ...In its order denying the motion for a hearing, the district court reasoned that:. ... its disposition of the state procedural default cases. In Davis v. United States, 411 U.S. 233, ... from Townsend and its progeny has been left open by the Supreme Court. 9 Recently, . . the ...

  • 396 U.S. 229 (1969), 33, Sullivan v. Little Hunting Park, Inc.

    ...The facilities have been open to any white persons in the geographic area. ... to the trial judge that day, filing motions to correct them, and asking the trial court to ...406] the damages from the party in default is implied. . . . .         Compensatory ... Williams v. Georgia , 349 U.S. 375 (1955), which is not cited by the ...

  • 126 F.3d 352 (2nd Cir. 1997), 2003, United States v. Canady

    ...§ 2255 motion to vacate his conviction. On appeal, Canady ... court's failure to announce its verdict in open court violated Canady's right to be present at ... did not assert a defense of procedural default in the district court. On December 5, 1995, the ...Georgia, 467 U.S. 39, 46, 104 S.Ct. 2210, 2215, 81 ...

  • 586 F.3d 439 (6th Cir. 2009), 08-1322, Johnson v. Sherry

    ...          Johnson timely filed a motion for a new trial and requested an evidentiary ... that Johnson's claim was procedurally defaulted, providing the following explanation:. [I]n ...Georgia, 467 U.S. 39, 46, 104 S.Ct. 2210, 81 L.Ed.2d 31 ... and media's First Amendment right to an open and public trial proceeding. See Freytag v. ...

  • 76 F.3d 1538 (10th Cir. 1996), 92-5242, Olcott v. Delaware Flood Co.

    ... the district court's $1.9 million default judgment because the district court did not treat ... the defendants' forum non conveniens motion made pursuant to 28 U.S.C. § 1404, transferring ...James B. Beam Distilling Co. v. Georgia, 501 U.S. 529, 111 S.Ct. 2439, 115 L.Ed.2d 481 ... Flood Company, the highest bidder in an open, advertised auction, for $237,143. The court ...

  • 638 F.2d 727 (5th Cir. 1981), 80-7476, Potts v. Zant

    ... v. . Walter ZANT, Warden, Georgia Diagnostic and Classification . Center, ... the Supreme Court of Georgia denied Potts' motion to withdraw his appeal, denied his application ... To say that it is open to the respondent to show that a second or ... of the facts bearing upon the applicant's default. Cf. Price v. Johnston, 334 U.S. 266, 291, 68 ...

  • 734 F.2d 774 (11th Cir. 1984), 83-7059, Johnson v. United States Dept. of Agriculture

    ... District of Alabama denied appellants' motion for a preliminary injunction to prevent ... is an Alabama case and Curry is from Georgia. In Curry, Judge Alaimo ordered the FmHA to ... non-judicial foreclosure in the event of default. This is permitted by Alabama Code Sec. 35-10-1 ... if a judicial foreclosure is the only avenue open, a hearing will occur automatically, unlike the ...

  • 515 F.3d 172 (3rd Cir. 2008), 05-5156, Campbell v. Burris

    ... address the merits of a procedurally-defaulted claim if the state court opinion includes a plain ...It does not open up the. . merits any wider for ... Ford v. Georgia, 498 U.S. 411, 424, 111 S.Ct. 850, 112 L.Ed.2d ... In context, - that is, in the context of a motion by the state to summarily "affirm the Superior ...

  • 434 F.3d 412 (6th Cir. 2006), 03-3636, Franklin v. Anderson

    ... the court found to be procedurally defaulted. The court granted a conditional writ of habeas ... in the Ohio Court of Appeals, and his motion was denied for failure to file within the ... Ford v. Georgia, 498 U.S. 411, 424 (1991). Furthermore, even if ...But you've got to keep an open mind until you hear the defense, or you hear the ...

  • Law and the Blockchain

    All contracts are necessarily incomplete. The inefficiencies of bargaining over every contingency, coupled with humans' innate bounded rationality, mean that contracts cannot anticipate and address every potential eventuality. One role of law is to fill gaps in incomplete contracts with default rules. Emerging technologies have created new, yet equally incomplete, types of contracts that exist...

  • 645 F.3d 114 (2nd Cir. 2011), 08-4804-cv, City of New York v. Mickalis Pawn Shop, LLC

    ... withdraws from the litigation after those motions are denied, is permitted to attack an ensuing ... firearms dealers operating from stores in Georgia, Ohio, Pennsylvania, South Carolina, and ...The district court entered a default against each of them. Eventually, after ... from a " series of ex parte acts." Opening Br. of Mickalis Pawn at 8. It observes that, ...

  • 139 F.3d 768 (10th Cir. 1998), 96-6329, Duvall v. Reynolds

    ...Duvall's motion for reconsideration. Duvall v. State, 871 P.2d ...Opened the drawer and grabbed a knife and stabbed her ...See, e.g., Godfrey v. Georgia, 446 U.S. 420, 427-33, 100 S.Ct. 1759, 1764-67, ... all cases in which a state prisoner has defaulted his federal claims in state court pursuant to an ...

  • 443 U.S. 658 (1979), 77-983, Washington v. Washington State Commercial

    ... and berries, and pasturing their horses on open and unclaimed lands: Provided, however, That ... 326 ("[The Indians] require the liberty of motion for the purpose of seeking, in their proper ... Reece v. Georgia , 350 U.S. 85, 87. Moreover, the reason for our ... [T]he default...

  • 626 F.3d 842 (5th Cir. 2010), 09-70026, Balentine v. Thaler

    ... district court's denial of his Rule 60(b) motion to set aside that court's 2009 judgment. We ...The claims are procedurally defaulted and cannot be considered. We AFFIRM the district ... not entitled to use Rule 60(b) as a broad opening for a second request in the federal court to ... Ford v. Georgia, 498 U.S. 411, 423-24, 111 S.Ct. 850, 112 ...

  • 310 F.3d 709 (11th Cir. 2002), 01-16982, United States v. Peter

    ..., nor did he file a post-conviction motion seeking relief pursuant to 28 U.S.C. § 2255. He ... argues that Peter procedurally defaulted the present claim when he abandoned pretrial ... how it would prove the crime's elements left open the question of whether its case was limited to ... District Judge for the Middle District of Georgia, sitting by designation. 1 In Bonner v. City ...

  • 115 U.S. 528 (1885), Traer v. Clews

    ... there is a judicial ascertainment of the default of the principal, and from this time the statute ...S. R. Co., 14 F. 261.  On an open, mutual account the statute does not commence to ... of the statute of limitations in Georgia, unless he be authorized by the defendant in ..., containing a negative pregnant, a motion by defendant for judgment against plaintiff ...

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

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

  • 504 F.3d 416 (3rd Cir. 2007), 04-9016, Taylor v. Horn

    ...Evanick prepared a suppression motion, seeking to exclude the statements that Taylor ... of timeliness, exhaustion, and procedural default.           II. Timeliness, ...Georgia, 498 U.S. 411, 423-24, 111 S.Ct. 850, 112 ...Accordingly, "[u]nder the opening clause of § 2254(e)(2), a failure to develop the ...

  • 658 F.3d 388 (4th Cir. 2011), 10-1908, Aziz v. Alcolac, Inc.

    ...           In granting Alcolac's motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6), the ... in the Dictionary Act, which prescribes default rules of construction for interpreting acts of ... " subject to vigilant doorkeeping, and thus open to a narrow class of international norms today." ...Alcolac today is a Georgia (U.S.) corporation owned by Rhodia, Inc., a U.S. ...

  • 975 F.2d 1207 (6th Cir. 1992), 91-3696, Warner v. United States

    ... evidentiary hearing and granted Warner's motion with respect to the state convictions, but denied ... Assistant United States Attorney stated in open court while Warner was present that there was no ... expressly relied on Warner's procedural default as a basis for its rejection of Warner's ...Georgia, --- U.S. ----, ----, 111 S.Ct. 850, 857, 112 ...