Case: Crowe v. Head

1:02-cv-02265 | U.S. District Court for the Northern District of Georgia

Filed Date: Aug. 15, 2002

Clearinghouse coding complete

Case Summary

On August 15, 2002, a prisoner of the State of Georgia filed a petition for habeas corpus under 28 U.S.C. §1154 against the Georgia Department of Corrections in the U.S. District Court for the Northern District of Georgia. The plaintiff alleged that his constitutional rights were threatened by the use of lethal injection, which he claimed to be cruel and unusual punishment in violation of the Eighth Amendment to the U.S. Constitution. The plaintiff also claimed that he had been subject to ine…

On August 15, 2002, a prisoner of the State of Georgia filed a petition for habeas corpus under 28 U.S.C. §1154 against the Georgia Department of Corrections in the U.S. District Court for the Northern District of Georgia. The plaintiff alleged that his constitutional rights were threatened by the use of lethal injection, which he claimed to be cruel and unusual punishment in violation of the Eighth Amendment to the U.S. Constitution. The plaintiff also claimed that he had been subject to ineffective assistance of counsel.

On September 30, 2005, the U.S. District Court for the Northern District of Georgia (Judge Orinda Dale Evans) denied the plaintiff's request, holding that he had not been subject to ineffective assistance of counsel and that his constitutional rights were not threatened by lethal injection. Crowe v. Terry, 426 F.Supp.2d 1310 (N.D.Ga. 2005). The plaintiff appealed. On June 27, 2007, the U.S. Court of Appeals for the Eleventh Circuit (Judge William Holcombe Pryor, Jr.) affirmed the district court's decision. Crowe v. Hall, 490 F.3d 840 (11th Cir. 2007).

Our Pacer docket, which is accurate as of August 28, 2007, records no further activity in this case.

Summary Authors

Kristen Sagar (8/28/2007)

People


Judge(s)

Birch, Stanley F. Jr. (Georgia)

Evans, Orinda Dale (Georgia)

Attorney for Plaintiff

Bergin, Michael (Georgia)

Attorney for Defendant

Boleyn, Susan Virginia (Georgia)

Expert/Monitor/Master/Other

Barkett, Rosemary (Florida)

Judge(s)

Birch, Stanley F. Jr. (Georgia)

Evans, Orinda Dale (Georgia)

Pryor, William Holcombe Jr. (Alabama)

Attorney for Defendant
Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

1:02-cv-02265

Docket [PACER]

Oct. 17, 2007

Oct. 17, 2007

Docket

S95P0108

Brief of Appellant

Crowe v. Georgia

Georgia state supreme court

Nov. 14, 1994

Nov. 14, 1994

Pleading / Motion / Brief
35

1:02-cv-02265

Opinion

Jan. 21, 2005

Jan. 21, 2005

Order/Opinion

356 F.Supp.2d 356

56

1:02-cv-02265

Denial of Petition for Habeas

Crowe v. Terry

Sept. 30, 2005

Sept. 30, 2005

Order/Opinion

426 F.Supp.2d 426

05-16918

Opinion

Crowe v. Hall

U.S. Court of Appeals for the Eleventh Circuit

June 27, 2007

June 27, 2007

Order/Opinion

490 F.3d 490

81

1:02-cv-02265

Judgment

Crowe v. Hall

U.S. Court of Appeals for the Eleventh Circuit

Sept. 13, 2007

Sept. 13, 2007

Order/Opinion

Docket

Last updated Jan. 23, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

PETITION FOR WRIT OF HABEAS CORPUS. (aet) (Entered: 08/15/2002)

Aug. 15, 2002

Aug. 15, 2002

2

MOTION by petitioner to proceed in forma pauperis with brief in support. (aet) (Entered: 08/15/2002)

Aug. 15, 2002

Aug. 15, 2002

3

MOTION by petitioner for appointment of counsel nunc pro tunc with proposed order. (aet) (Entered: 08/15/2002)

Aug. 15, 2002

Aug. 15, 2002

4

ORDER by Judge Willis B. Hunt Jr. GRANTING [2 − 1] motion to proceed in forma pauperis (cc) (ldn) (Entered: 08/19/2002)

Aug. 19, 2002

Aug. 19, 2002

5

ORDER by Judge Willis B. Hunt Jr. GRANTING [3 − 1] motion for appointment of counsel nunc pro tunc. The Federal Defender Program and Sutherland Asbill &Brennan LLP are appointed to represent petitioner. (cc) (ldn) (Entered: 08/19/2002)

Aug. 19, 2002

Aug. 19, 2002

6

Attorney appearance for respondent by Susan Virginia Boleyn (ldn) (Entered: 09/17/2002)

Sept. 16, 2002

Sept. 16, 2002

7

ORDER by Judge Willis B. Hunt Jr., DIRECTING respondent to file an answer or other pleading w/in 60 days from the date of this order. Parties are to present a consent scheduling order w/in 30 days of the date the respondent files his answer. [7 − 1] order to be submitted on 1/22/03 (cc) (ldn) (Entered: 10/24/2002)

Oct. 21, 2002

Oct. 21, 2002

8

ANSWER − RESPONSE by respondent to petition for writ of hc (fmm) (Entered: 12/27/2002)

Dec. 23, 2002

Dec. 23, 2002

9

Notice of filing exhibits 1 − 107 (13 brown folders) by respondent. (fmm) Modified on 12/30/2002 (Entered: 12/27/2002)

Dec. 23, 2002

Dec. 23, 2002

10

CONSENT ORDER by Judge Willis B. Hunt Jr., extending time thru 1/29/03 for parties to submit joint scheduling order (cc) (ldn) (Entered: 01/21/2003)

Jan. 21, 2003

Jan. 21, 2003

11

CONSENT SCHEDULING ORDER by Judge Willis B. Hunt Jr. Pet's amended petition due 5/6/03 w/answer due by 6/6/03. Pet shall file any motion seeking discovery by 7/8/03, w/response due 8/8/03 and reply to response due 9/8/03. Res shall file any motion re: procedureal defenses by 11/8/03, w/response due 1/8/04 and reply to response due 2/8/04. Further deadlines will be established as the case proceeds. (cc) (ldn) Modified on 05/13/2003 (Entered: 01/31/2003)

Jan. 30, 2003

Jan. 30, 2003

SUBMITTED to Judge Willis B. Hunt Jr. on [7 − 1] order [7 − 1] order to be submitted on 1/22/03 (ldn) (Entered: 01/31/2003)

Jan. 31, 2003

Jan. 31, 2003

Terminated submissions. (ldn) (Entered: 02/05/2003)

Feb. 5, 2003

Feb. 5, 2003

12

CONSENT ORDER by Judge Willis B. Hunt Jr., extending time thru 5/9/03 for petitioner to amend his petition for writ of habeas corpus (cc) (ldn) (Entered: 05/06/2003)

May 6, 2003

May 6, 2003

13

FIRST AMENDED PETITION FOR WRIT OF HABEAS CORPUS (fmm) Additional attachment(s) added on 10/12/2004 (fmm). (Entered: 05/13/2003)

May 9, 2003

May 9, 2003

14

Answer − response by respondent to [13 − 1] first amendment to the habeas corpus petition (ck) (Entered: 06/10/2003)

June 9, 2003

June 9, 2003

15

Supplemental notice of filing by respondent with attached exhibits. (ck) (Entered: 06/10/2003)

June 9, 2003

June 9, 2003

16

CONSENT ORDER by Judge Willis B. Hunt Jr., extending time thru 7/15/03 for petitioner to file his motion for discovery (cc) (ck) (Entered: 07/07/2003)

July 7, 2003

July 7, 2003

17

MOTION by petitioner for discovery with brief in support. (ck) (Entered: 07/16/2003)

July 15, 2003

July 15, 2003

SUBMITTED to Judge Willis B. Hunt Jr. on [17 − 1] motion for discovery (ck) (Entered: 08/12/2003)

Aug. 12, 2003

Aug. 12, 2003

19

MOTION by petitioner to strike [18 − 1] response in opposition to pet's motion for discovery with brief in support. (lme) (Entered: 09/08/2003)

Sept. 8, 2003

Sept. 8, 2003

20

MOTION by respondent to file the [18 − 1] response to petitioner's motion for discovery in excess of the page limitation . (to WBH) (ck) (Entered: 09/15/2003)

Sept. 12, 2003

Sept. 12, 2003

21

Response by respondent in opposition to [19 − 1] motion to strike [18 − 1] response in opposition to pet's motion for discovery (ck) (Entered: 09/15/2003)

Sept. 12, 2003

Sept. 12, 2003

SUBMITTED to Judge Willis B. Hunt Jr. on [19 − 1] motion to strike [18 − 1] response in opposition to pet's motion for discovery (FILE IN CHAMBERS) (ck) (Entered: 09/18/2003)

Sept. 18, 2003

Sept. 18, 2003

22

MOTION by respondent to extend page limitation for brief of respondent (jdb) (Entered: 11/13/2003)

Nov. 12, 2003

Nov. 12, 2003

23

Memorandum of law by respondent on procedural defenses raised in [8 − 1] answer (jdb) (Entered: 11/13/2003)

Nov. 12, 2003

Nov. 12, 2003

24

ORDER by Judge Willis B. Hunt Jr., recusing himself. Case reassigned to Judge Beverly B. Martin (cc with notice) (jdb) (Entered: 12/05/2003)

Dec. 3, 2003

Dec. 3, 2003

Terminated submissions. (jdb) (Entered: 12/05/2003)

Dec. 3, 2003

Dec. 3, 2003

SUBMITTED to Judge Beverly B. Martin on [22 − 1] motion to extend page limitation for brief of respondent, [20 − 1] motion to file the [18 − 1] response to petitioner's motion for discovery in excess of the page limitation, [19 − 1] motion to strike [18 − 1] response in opposition to pet's motion for discovery, [17 − 1] motion for discovery (jdb) (Entered: 12/05/2003)

Dec. 5, 2003

Dec. 5, 2003

25

ORDER by Judge Beverly B. Martin, recusing herself as Judge. Case reassigned to Judge Orinda D. Evans. (cc w/ntc) (aaq) (Entered: 12/09/2003)

Dec. 8, 2003

Dec. 8, 2003

Terminated submissions. (aaq) (Entered: 12/09/2003)

Dec. 9, 2003

Dec. 9, 2003

SUBMITTED to Judge Orinda D. Evans on the [17 − 1] motion for discovery, [19 − 1] motion to strike [18 − 1] response in opposition to pet's motion for discovery, [20 − 1] motion to file the [18 − 1] response to petitioner's motion for discovery in excess of the page limitation and [22 − 1] motion to extend page limitation for brief of respondent (aaq) (Entered: 12/09/2003)

Dec. 9, 2003

Dec. 9, 2003

26

Notice by CRD motion hearing set re: [17 − 1] motion for discovery for 1/9/04 at 11:00 am (cc by CRD) (fmm) (Entered: 12/22/2003)

Dec. 19, 2003

Dec. 19, 2003

27

CONSENT ORDER by Judge Orinda D. Evans, extending time thru 1/29/04 for pet to file his response to the [23 − 1] memorandum on procedural defenses and respondent's reply to said response is due 2/29/04 (cc) (fmm) (Entered: 12/29/2003)

Dec. 24, 2003

Dec. 24, 2003

28

ORDER by Judge Orinda D. Evans DENYING [19 − 1] motion to strike [18 − 1] response in opposition to pet's motion for discovery by Samuel David Crowe, GRANTING [20 − 1] motion to file the [18 − 1] response to petitioner's motion for discovery in excess of the page limitation (cc) (fmm) (Entered: 01/07/2004)

Jan. 6, 2004

Jan. 6, 2004

29

Motion HEARING held before Judge Orinda D. Evans re: [17 − 1] motion for discovery. Pet's exhibit 1 rejected. Matter taken under advisement. (fmm) Modified on 10/7/2005 (vh). (Entered: 01/12/2004)

Jan. 9, 2004

Jan. 9, 2004

30

ORDER by Judge Orinda D. Evans DENYING [17 − 1] motion for discovery by Samuel David Crowe, GRANTING [22 − 1] motion to extend page limitation for brief of respondent (cc) (fmm) (Entered: 01/16/2004)

Jan. 16, 2004

Jan. 16, 2004

Terminated submissions. (fmm) (Entered: 01/16/2004)

Jan. 16, 2004

Jan. 16, 2004

32

Response by petitioner to respondent's memorandum of law on procedural defenses (fmm) (Entered: 01/30/2004)

Jan. 29, 2004

Jan. 29, 2004

Steno notes of proceedings held 1/9/04 before Judge Orinda D. Evans , by Court Reporter Pat M. Tanner. (fmm) (Entered: 02/07/2004)

Feb. 6, 2004

Feb. 6, 2004

33

ORDER by Judge Orinda D. Evans GRANTING the [31 − 1] motion to file excess pages limitation to 44 pages. (cc) (aaq) (Entered: 02/09/2004)

Feb. 6, 2004

Feb. 6, 2004

34

Reply by respondent to pet's procedural defense brief (fmm) (Entered: 03/04/2004)

March 2, 2004

March 2, 2004

35

ORDER directing petitioner to submit further briefing and respondent to respond to such briefing on the issues as stated in the conclusion of the order on a claim − by − claim basis. Petitioner shall submit his brief w/in 60 days of entry of order and respondent shall have 60 days to respond. Petitioner will then have 30 days to reply. Both sides are cautioned that no extensions will be granted. The clerk is directed to resubmit the case to the Court on 6/21/05 or upon filing of petitioner's reply brief, whichever first occurs. Signed by Judge Orinda D. Evans on 1/21/05. (fmm) (Entered: 01/21/2005)

Jan. 21, 2005

Jan. 21, 2005

36

MOTION for Leave to File Excess Pages by Samuel David Crowe. (Attachments: # 1 Exhibit A # 2 Exhibit B)(sjk) (Entered: 02/25/2005)

Feb. 24, 2005

Feb. 24, 2005

37

ORDER granting in part 36 Motion for Leave to File Excess Pages. Petitioner's brief may not exceed 100 pages. Signed by Judge Orinda D. Evans on 3/1/05. (fmm) (Entered: 03/03/2005)

March 1, 2005

March 1, 2005

38

APPENDIX of Jurors' Affidavits Concerning Juror Misconduct and Prejudicial Reenactment of Crime Scene by Samuel David Crowe (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C and # 4 Exhibit D)(sjk) (Entered: 03/24/2005)

March 22, 2005

March 22, 2005

39

BRIEF on Issues Raised by 35 Order filed by Samuel David Crowe. (Attachments: # 1 Brief Part 2, # 2 Brief Part 3, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4 and # 7 Exhibit 5)(sjk) (Entered: 03/24/2005)

March 22, 2005

March 22, 2005

40

APPENDIX of Evidence Establishing Lack of a Uniform Standard for Seeking the Death Penalty Across Georgia by Samuel David Crowe. (Attachments: # 1 Exhibit B, # 2 Exhibit B − Part 2, # 3 Exhibit B − Part 3, # 4 Exhibit B − Part 4, # 5 Exhibit C, # 6 Exhibit D − Part 1, # 7 Exhibit D − Part 2, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G and # 11 Exhibit H)(sjk) (Entered: 03/24/2005)

March 22, 2005

March 22, 2005

41

APPENDIX of Evidence Establishing Lethal Injection as Cruel and Unusual Punishment, Volume 1 of 4, by Samuel David Crowe. (Attachments: # 1 Exhibit A − 1, # 2 Exhibit A − 2 − Part 1, # 3 Exhibit A − 2 − Part 2, # 4 Exhibit A − 2 − Part 3 and # 5 Exhibit A − 2 − Part 4)(sjk) (Entered: 03/24/2005)

March 22, 2005

March 22, 2005

42

APPENDIX of Evidence Establishing Lethal Injection as Cruel and Unusual Punishment, Volume 2 of 4, by Samuel David Crowe. EXHIBITS TOO VOLUMINOUS TO SCAN. (sjk) (Entered: 03/24/2005)

March 22, 2005

March 22, 2005

43

EVIDENCE Establishing Lethal Injection as Crue and Unusual Punishment, Volume 3 of 4 by Samuel David Crowe. EXHIBITS TOO VOLIMINOUS TO SCAN. (sjk) (Entered: 03/24/2005)

March 22, 2005

March 22, 2005

44

EVIDENCE Establishing Lethal Injection as Cruel and Unusual Punishment, Volume 4 of 4, by Samuel David Crowe. EXHIBITS TOO VOLIMINOUS TO SCAN. (sjk) (Entered: 03/24/2005)

March 22, 2005

March 22, 2005

45

ORDER informing petitioner that the 39 Brief is the brief on the merits and no further round of briefing will occur. Should petitioner have any concerns as to the completeness of this brief, petititioner may supplement the brief within 10 days of this order. Signed by Judge Orinda D. Evans on 3/25/05. (fmm) (Entered: 03/25/2005)

March 25, 2005

March 25, 2005

46

RESPONSE re 45 Order, Petitioner's Supplemental Brief on Issues Raised by Order of January 21, 2005 filed by Samuel David Crowe. (Fort, Ann) (Entered: 04/08/2005)

April 8, 2005

April 8, 2005

48

MOTION for Leave to File Excess Pages by Samuel David Crowe. (Fort, Ann) (Entered: 06/14/2005)

June 14, 2005

June 14, 2005

49

ORDER granting 48 Motion for Leave to File Excess Pages. Petitioner may file his reply brief 50 pages in length. Signed by Judge Orinda D. Evans on 6/15/05. (fmm) (Entered: 06/16/2005)

June 16, 2005

June 16, 2005

50

RESPONSE re 47 Response (Non − Motion) Petitioner's Reply To Respondent's Brief On The Issues filed by Samuel David Crowe. (Fort, Ann) (Entered: 06/20/2005)

June 20, 2005

June 20, 2005

51

SUPPLEMENTAL APPENDIX of Evidence Establishing Lethal Injection as Cruel and Unusual Punishment by Samuel David Crowe (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E − Part 1# 6 Exhibit E − Part 2)(fmm) (Entered: 06/21/2005)

June 20, 2005

June 20, 2005

52

MOTION for Clarification of Court's Scheduling Order by Fredrick Head. (Boleyn, Susan) (Entered: 06/22/2005)

June 22, 2005

June 22, 2005

53

ORDER DENYING 52 Motion for Clarification. No further briefing is necessary. Signed by Judge Orinda D. Evans on 6/23/05. (vh) (Entered: 06/23/2005)

June 23, 2005

June 23, 2005

Submission of 35 Order, submitted to District Judge Orinda D. Evans. (File in Chambers) (fmm) (Entered: 06/24/2005)

June 24, 2005

June 24, 2005

54

NOTICE Of Filing Petitioner's Second Supplemental Appendix of Evidence Establishing Lethal Injection as Cruel and Unusual Punishment by Samuel David Crowe (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Fort, Ann) (Entered: 07/19/2005)

July 19, 2005

July 19, 2005

55

NOTICE Of Filing Petitioner's Submission of Supplemental Authority by Samuel David Crowe (Fort, Ann) (Entered: 07/19/2005)

July 19, 2005

July 19, 2005

56

ORDER denying 13 Petition for Writ of Habeas Corpus. Signed by Judge Orinda D. Evans on 9/30/05. (Attachments: # 1 Continuation of Order − Part 2# 2 Continuation of Order − Part 3)(fmm) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

57

CLERK'S JUDGMENT entered denying petition for habeas corpus. (fmm) −− Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist −− (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

Civil Case Terminated. (fmm) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

58

EXHIBITS of petitioner from conference held on 1/9/04 received from Courtroom Deputy and placed in Exhibit room (1 folder). (fmm) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

59

MOTION to Alter 57 Clerk's Judgment with Brief In Support by Samuel David Crowe. (Wells, Mary) (Entered: 10/17/2005)

Oct. 17, 2005

Oct. 17, 2005

60

MOTION to Withdraw Robert L. McGlasson, II as Attorneyby Samuel David Crowe. (McGlasson, Robert) (Entered: 10/19/2005)

Oct. 19, 2005

Oct. 19, 2005

Submission of 59 MOTION to Alter 57 Clerk's Judgment, 60 MOTION to Withdraw Robert L. McGlasson, II as Attorney, submitted to District Judge Orinda D. Evans. (fmm) (Entered: 11/08/2005)

Nov. 8, 2005

Nov. 8, 2005

61

ORDER granting 60 Motion to Withdraw as Attorney. Attorney Robert L. McGlasson, II terminated. Signed by Judge Orinda D. Evans on 11/8/05. (fmm) (Entered: 11/09/2005)

Nov. 9, 2005

Nov. 9, 2005

62

ORDER granting in part and denying in part 59 Motion to Alter or Amend Judgment. The denial of the petition for writ of habeas corpus stands. Signed by Judge Orinda D. Evans on 11/14/05. (fmm) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

63

MOTION for Leave to File Excess Pages by Samuel David Crowe. (Attachments: # 1 Text of Proposed Order)(Fort, Ann) (Entered: 11/28/2005)

Nov. 28, 2005

Nov. 28, 2005

65

DOCUMENT FILING ERROR NOTICE Of Filing by Samuel David Crowe of Petitioner's Application for Certificate of Appealability (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Fort, Ann) Modified on 12/8/2005 (fmm). (Entered: 12/07/2005)

Dec. 7, 2005

Dec. 7, 2005

66

REDOCKETED #65 AS MOTION for Certificate of Appealability with Brief In Support by Samuel David Crowe. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(fmm) (Entered: 12/08/2005)

Dec. 7, 2005

Dec. 7, 2005

Submission of 66 MOTION for Certificate of Appealability, submitted to District Judge Orinda D. Evans. (fmm) (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

67

NOTICE OF APPEAL as to 56 Order, 57 Clerk's Judgment, 62 Order on Motion to Alter Judgment by Samuel David Crowe. Transcript Order Form due on 12/29/2005 (Fort, Ann) (Entered: 12/14/2005)

Dec. 14, 2005

Dec. 14, 2005

68

Transmission of Certified Copy of Notice of Appeal, Judgment, Order and Docket Sheet to US Court of Appeals re 67 Notice of Appeal (fem) (Entered: 12/15/2005)

Dec. 15, 2005

Dec. 15, 2005

69

USCA Acknowledgment re 67 Notice of Appeal filed by Samuel David Crowe,. Case Appealed to USCA Case Number 05 − 16918 − P. (fem) Modified on 7/14/2006 to correct USCA case No.(fem). (Entered: 12/21/2005)

Dec. 20, 2005

Dec. 20, 2005

CERTIFICATE OF READINESS of Appeal Record re 67 Notice of Appeal filed by Samuel David Crowe,. USCA Case Number 05 − 16918 − P. (11 vol. pleadings; 13 expandable folders with Doc. #9; Exhibits − 1 folder) (fem) Modified on 7/14/2006 (fem). (Entered: 07/06/2006)

July 6, 2006

July 6, 2006

70

Certified copy of CERTIFICATE OF READINESS transmitted to USCA re 67 Notice of Appeal. Case Appealed to USCA Case Number 05 − 16918 − P (fem) Modified on 7/14/2006 (fem). (Entered: 07/06/2006)

July 6, 2006

July 6, 2006

71

ORDER granting in part and denying in part 66 Motion for Certificate of Appealability as set forth in the order. The application is denied as to all remaining claims. Signed by Judge Orinda D. Evans on 7/26/06. (fmm) (Entered: 07/26/2006)

July 26, 2006

July 26, 2006

72

71 Order forwarded to USCA re 67 Notice of Appeal filed by Samuel David Crowe. Case Appealed to 11th USCA Case Number 05 − 16918 − P. (fmm) (Entered: 07/26/2006)

July 26, 2006

July 26, 2006

73

USCA Acknowledgment of receipt of order regarding COA re 67 Notice of Appeal filed by Samuel David Crowe,. Case Appealed to USCA Case Number 05 − 16918 − P. (fem) (Entered: 08/03/2006)

July 31, 2006

July 31, 2006

74

Certified copy of ORDER of USCA GRANTING in part appellant's motion to expand certificate of appealability on the following issues: (1) if not procedurally defaulted, whether Crowe was denied a fair trial by an impartial jury when members of the jury engaged in premature deliberations, and (2) if not procedurally defaulted, whether Crowe was denied a fair trial by an impartial jury when the bailiff commented to members of the jury that "defense attorneys will purposely block the jury's view of the client if the client is not going to testify." The motion is denied as to all other issues re: 67 Notice of Appeal filed by Samuel David Crowe, Case Appealed to USCA Case Number 05 − 16918 − P. (fem) (Entered: 09/05/2006)

Sept. 1, 2006

Sept. 1, 2006

75

Certified copy of ORDER of USCA DENYING appellant's motion for reconsideration of the COurt's Order of August 231, 2006 re: 67 Notice of Appeal filed by Samuel David Crowe, Case Appealed to USCA Case Number 05 − 16918 − P. (fem) (Entered: 10/06/2006)

Oct. 5, 2006

Oct. 5, 2006

76

Certified copy of ORDER of USCA GRANTING the consent motion to stay briefing schedule until completion of the Court's consideration of scope of certificate of appealability re: 67 Notice of Appeal filed by Samuel David Crowe, Case Appealed to USCA Case Number 05 − 16918 − P. Appellant's initial brief and record excerpts are due for filing forty days from the date of the Court's ruling on appellant's motion for reconsideration of the Court's August 31, 2006 order. (fem) (Entered: 10/06/2006)

Oct. 5, 2006

Oct. 5, 2006

78

Certified and Transmitted Record on Appeal to US Court of Appeals re 67 Notice of Appeal Case Appealed to USCA Case Number 05 − 16919 − P. (fem) (Entered: 12/29/2006)

Dec. 29, 2006

Dec. 29, 2006

79

USCA Acknowledgment of receipt of record on appeal re 67 Notice of Appeal filed by Samuel David Crowe,. Case Appealed to USCA Case Number 16918 − P. (fem) (Entered: 01/31/2007)

Jan. 29, 2007

Jan. 29, 2007

80

Certified copy of ORDER of USCA DENYING Petition(s) for Rehearing En Banc re: 67 Notice of Appeal filed by Samuel David Crowe. Case Appealed to USCA − 11th Circuit. USCA Case Number 05 − 16918 − P. (kac) (Entered: 08/30/2007)

Aug. 29, 2007

Aug. 29, 2007

81

Certified copy of JUDGMENT of USCA AFFIRMING the decision of the District Court re: 67 Notice of Appeal filed by Samuel David Crowe Case Appealed to USCA Case Number 05 − 16918. (fem) (Entered: 09/14/2007)

Sept. 13, 2007

Sept. 13, 2007

82

Appeal Record Returned: 67 Notice of Appeal Case Appealed to USCA Case Number 05 − 16918. (fem) (Entered: 09/14/2007)

Sept. 13, 2007

Sept. 13, 2007

83

Letter from Clerk to attorney for petitioner re: retrieval of exhibits (fmm) (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

Case Details

State / Territory: Georgia

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Aug. 15, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoner who was sentenced to death after a sheriff allegedly convinced him to plead guilty in violation of his right to counsel

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Georgia Department of Corrections, State

Case Details

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

Death Penalty:

Lethal Injection - General