Case: Crowe v. Head

Crowe v. Georgia

Georgia state supreme court

Crowe v. Terry

Crowe v. Hall

U.S. Court of Appeals for the Eleventh Circuit

Crowe v. Hall

U.S. Court of Appeals for the Eleventh Circuit

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

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

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

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

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)

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

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)

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

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

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)

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)

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)

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

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)

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

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

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

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)

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

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

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)

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)

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)

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)

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

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

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

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

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)

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)

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

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)

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)

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)

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)

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)

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)

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

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

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)

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

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

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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

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)

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

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)

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

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)

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)

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

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)

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

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

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)

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)

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)

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

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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