georgia motion to open default

2029 results for georgia motion to open default

  • vLex Rating
  • 548 U.S. 331 (2006), 04-10566, Sanchez-Llamas v. Oregon

    ...The state court denied that motion and Sanchez-Llamas was convicted and sentenced to ... a State may apply its regular procedural default rules to Convention claims. Pp. 342-360. ... of enforcing the Vienna Convention--remain open. Pp. 343-350.          (c) States may ...Baker of Georgia, Lawrence G. Wasden of Idaho, Steve Carter of ...

  • 202 F.3d 408 (1st Cir. 2000), 99-1047, Town of Norwood MA v New England Power

    ...         After a motion by Norwood for partial summary judgment and ... contortions to rescue the technically defaulted portion of the appeal. See 11 Wright, Miller & ...¶ 61,265 (1998). The agency left the door open for future administrative challenges to both the ...at 422 & n.28; Georgia v. Pennsylvania Ry. Co., 324 U.S. 439, 454-62 ...

  • 819 F.2d 1551 (11th Cir. 1987), 85-8270, Donaldson v. Clark

    ... District Court for the Middle District of Georgia.         Before RONEY, Chief Judge, ...Defendants filed motions" to dismiss and for an award of attorneys' fees. \xC2"... of sanctions in this case, and not leave it open on remand. Given our opinion in Dykes, Rule 11 ... a case with prejudice or to enter a default judgment for failure to prosecute with reasonable ...

  • 138 F.3d 1374 (11th Cir. 1998), 95-3255, Armstrong v. Martin Marietta Corp.

    ... January 17, 1995, Martin Marietta filed a motion for partial summary judgment against the ...BRG of Georgia, 874 F.2d 1417 (11th Cir.1989) (same). Indeed, a ... § 1292(b) certification, review "is not open to" court of appeals); Luckenbach Steamship Co. ... that the rule we adopt today is the "default rule.". 16 We note that, in at least some ...

  • 405 F.3d 1298 (11th Cir. 2005), 03-16243, Abusaid v. Hillsborough County Bd. of County Com'rs

    ... begins when appellant Elias Abusaid, Jr., opened a private night club in Hillsborough County, ...The Sheriff filed a motion to dismiss Counts Twelve through Fifteen. The ... that the sheriff of Clinch County, Georgia acted as an arm of the state in promulgating a ..., as we have noted, the constitutional default rule is that a sheriff is elected by county ...

  • 333 F.2d 496 (5th Cir. 1964), 20797, Whitus v. Balkcom

    ...., Warden, State Penitentiary, Reidsville, Georgia, Appellee. . No. 20797. . United States Court ... of evils was indeed the only state remedy open to them. The petitioners could choose to be ...    The petitioners filed unsuccessful motions for new trials, appeals to the Supreme Court of ... doctrine under which state procedural defaults are held to constitute an adequate and ...

  • 939 F.2d 91 (3rd Cir. 1991), 90-1859, Step-Saver Data Systems, Inc. v. Wyse Technology

    ...The court therefore granted TSL's motion in limine to exclude all evidence of the earlier ...     (5) The box-top license states: "Opening this package indicates your acceptance of these ... of the writing, section 2-207 provides a default rule that the parties intended, as the terms of ...Because neither Georgia nor Pennsylvania has expressly adopted a test to ...

  • 132 F.3d 1069 (5th Cir. 1998), 96-10389, Lucas v. Johnson

    ...Georgia, 10 Ga. 511 (1851)). Lucas's trial jury had ample ... habeas relief if there were no state avenue open to process such a claim. . ... this bar by demonstrating "cause for the default and actual prejudice as a result of the alleged ...      In conclusion, we grant Lucas's motion to reconsider application of the Antiterrorism ...

  • 634 F.2d 50 (3rd Cir. 1980), 79-1129, Finberg v. Sullivan

    ...On cross-motions for summary judgment, the district court found ... On October 25, 1977, Sterling obtained a default judgment and immediately moved to execute on it ... the final decision of this series, North Georgia Finishing, Inc. v. Di-Chem, Inc., 419 U.S. 601, ...Moreover, a myriad of open questions exist under Pennsylvania law regarding ...

  • 602 F.2d 694 (5tht Cir. 1979), 78-1839, Smith v. Estelle

    ... the examination entirely on his own motion. He later testified that he always ordered such ...Georgia, 428 U.S. 153, 190, 96 S.Ct. 2909, 2933, 49 ...As we have said, we leave open the possibility that a defendant who wishes to ... excuse the defense attorneys' procedural default in order to avoid "a miscarriage of justice." ...

  • 714 F.2d 365 (5th Cir. 1983), 82-2422, O'Bryan v. Estelle

    ...Georgia, 429 U.S. 122, 97 S.Ct. 399, 50 L.Ed.2d 339 ... sides just want to know if you can keep an open mind, consider the entire full range of ..., settled law that "when a procedural default bars state litigation of a constitutional claim, ... is excused for cause," or "The state's motion to exclude this juror for cause is granted," or ...

  • 200 F.3d 1314 (10th Cir. 2000), 99-6089, Medlock v Ward

    ... when he heard someone attempting to open his door. See id. at 1337. On opening the door, ... entered its sentence, Medlock filed a motion to withdraw his plea. The court denied the motion ...," petitioner's claims are procedurally defaulted for purposes of federal habeas corpus relief. ...Georgia, 446 U.S. 420 (1990), and Maynard v. Cartwright, ...

  • 152 F.3d 1304 (11th Cir. 1998), 95-6776, Baldwin v. Johnson

    ... for writ of error coram nobis and/or motion for relief from judgment in the Circuit Court of ... concerning cause and prejudice for his defaulted claims were conclusory and that the record did ..., that the sentencing court gave Baldwin an open opportunity . . to present whatever evidence ... ingested some "T.H.C." pills in Atlanta, Georgia, during the underlying offense; and (3) he "had a ...

  • 657 F.3d 215 (5th Cir. 2011), 08-10630, Frame v. City of Arlington

    ...14 " To survive a motion to dismiss, a complaint must contain sufficient ...Furthermore, the default four-year limitations period for federal causes . ... longer." Although this allegation leaves open the possibility that some of the plaintiffs' ... 22 See United States v. Georgia, 546 U.S. 151, 154, 126 S.Ct. 877, 163 L.Ed.2d ...

  • 19 F.3d 1547 (8th Cir. 1994), 93-1852, Battle v. Delo

    ...In 1984, Battle filed a pro se motion for post-conviction relief under Missouri Supreme ... to her apartment, ripped the screen on an open kitchen window, and climbed in through the ... cannot be a basis for a claim that his default should be excused because the information was not ...Georgia, 428 U.S. 153, 207, 96 S.Ct. 2909, 2941, 49 ...

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

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

  • 829 F.2d 1453 (9th Cir. 1987), 86-3589, Campbell v. Kincheloe

    ..., filed with the Washington Supreme Court a motion to stay the execution. The court treated the ... Court has expressly approved the use of "open and far-ranging argument" during a capital cing proceeding. See Gregg v. Georgia, 428 U.S. 153, 203, 96 S.Ct. 2909, 2939, 49 ..., 53 L.Ed.2d 594 (1977) (state procedural default may bar federal habeas review absent a showing of ...

  • 752 F.2d 1019 (5th Cir. 1985), 82-3059, State of La. ex rel. Guste v. M/V Testbank

    ... may be far wider, indeed virtually open-ended." James, supra, at 45. ...Courts applying the tort law of Texas, Georgia, Florida, Alabama, Mississippi and Louisiana have ..., it was simply an intervening cause set in motion by the party originally in fault. It may be said ..., I would not await such action, for, in default of it, every time we reject a claim we act as ...

  • 784 F.2d 1546 (11th Cir. 1986), 84-7382, Cox v. American Cast Iron Pipe Co.

    ...motions to alter or amend the judgment followed this ...Hourly job openings were sometimes posted, but only in the plant ... a claim, like the decision to enter a default judgment, ought to be a last resort--ordered only ...American Credit Co. of Georgia, 581 F.2d 526, 532 (5th Cir.1978). The claims ...

  • 624 F.2d 196 (D.C. Cir. 1979), 72-1283, United States v. Decoster

    ... be presented to the district court on motion for a new trial. 1 The panel ruled that a ... unwise to embark upon a doctrine that would open the door to a fundamental reordering of the ... the trial itself was not affected by the default. 93 .         b. Failure To Obtain ... "impracticable," since he was living in Georgia. But again, the Government ignores the failure to ...

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

    ... period was not tolled while petitioner's motion for postconviction relief was pending in state ... to relieve parties from the effect of a default judgment mistakenly entered against them, e.g., ... deadline for asserting three of the most open-ended grounds of relief (excusable neglect, newly ... E. Baker of Georgia, Mark J. Bennett of Hawaii, Lawrence G. Wasden ...

  • 365 F.2d 698 (5th Cir. 1966), 22218, Labat v. Bennett

    ...Labat and Poret filed their motions to quash the indictments November 7, 1952. ... of rights resulting from a procedureal default. No one doubts that the state has a legitimate ... every form may have been preserved, opens the inquiry whether they have been more than an ...          The Court of Appeals of Georgia, while recognizing that the United States Supreme ...

  • __ U.S. __, 15-1204, Jennings v. Rodriguez

    After a 2004 conviction, Rodriguez, a Mexican citizen and a lawful U.S. permanent resident, was detained under 8 U.S.C. 1226 while the government sought his removal. In 2007, Rodriguez sought habeas relief, claiming that he was entitled to a bond hearing to determine whether his continued detention was justified, alleging that 8 U.S.C. 1225(b), 1226(a), and 1226(c) do not authorize “prolonged”...

    ...Section 1226(a)’s default rule. permits the Attorney General to issue ...The. District Court denied their motion, but the Court of Appeals. for the Ninth ... decision "to open an investigation" and the. decision "to ... .          . Georgia Ga. Code Ann. §§17-6-1, 17-6-15 (Supp. 2017). ...