CopyCited 161 times | Published | Court of Appeals for the Eleventh Circuit | 1987 U.S. App. LEXIS 1217
rifle used to murder Ms. Allen).26 See O.C.G.A. § 16-8-2 (1982); see also infra note 43. Pasby then proceeded
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CopyCited 114 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 1442055, 2013 U.S. App. LEXIS 7216, 24 Fla. L. Weekly Fed. C 194
worth more than $500. See Ga.Code Ann. § 16-8-12(a)(1) (repealed 2012). Murry testified that
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CopyCited 102 times | Published | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 8010, 2016 WL 1743573
taken or appropriated.” See O.C.G.A. § 16-8-2 (emphasis added). The common thread running
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CopyCited 91 times | Published | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 4453, 1996 WL 82490
or (3) sudden snatching. See O.C.G.A. § 16-8-40 (1992). Force is implicit in sudden snatching
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CopyCited 60 times | Published | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 1057, 2016 WL 278918
stolen property, id. *1264 § 16-8-7. A magistrate judge issued the arrest warrants
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CopyCited 73 times | Published | Supreme Court of Florida | 1997 WL 196674
less than one nor more than 20 years. Ga.Code Ann. § 16-8-40 (1990). Georgia case law interpreting this provision
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CopyCited 35 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 2436658
“deceitful means or artful practice,” O.C.G.A. § 16-8-3(a), with the specific intent to create a known
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CopyCited 43 times | Published | District Court, M.D. Florida | 1972 U.S. Dist. LEXIS 14400
...§
14.055, F.S.A.; in the event of his disability the Governor may appoint a person to perform his duties, Fla.Stat. §
16.02, F.S.A. The Attorney General possesses a general supervisory power over state attorneys and may, on their request, issue opinions of law to them. Fla.Stat. §
16.08, F.S.A....
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CopyCited 40 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 23842
underlying felony conviction, armed robbery. O.C.G.A. § 16-8-41.1 Thus, an unconstitutional intent instruction
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CopyCited 34 times | Published | Court of Appeals for the Eleventh Circuit
(1982). The government had challenged Ala.Code § 16-8-1 (1975), the section under which the Board of
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CopyCited 39 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 28517
the offense charged. See O.C.G.A. § 16-8-12(a)(l), Ga.Code Ann. § 26-1812(a) (Harrison,
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CopyCited 36 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 28158
...otherwise interested in the outcome. Fla.Stat.Ann. §§
16.01(4)-(5) (West Supp.1984). See State v. Bowman,
437 So.2d 1095, 1096 (Fla.1983). Florida law further requires the Attorney General to supervise and direct all state attorneys. Fla.Stat.Ann. §
16.08 (West 1961)....
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CopyCited 34 times | Published | Court of Appeals for the Eleventh Circuit | 11 Fed. R. Serv. 3d 1028, 57 U.S.L.W. 2063, 1988 U.S. App. LEXIS 9460
court's decision as to the constitutionality of section 16-8-1, our 1984 decision "did not affirm the 1982
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CopyCited 91 times | Published | Court of Appeals for the Eleventh Circuit
by deception. See, e.g., O.C.G.A. § 16-8-3; Gentry v. State, 202 Ga.App.
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CopyCited 26 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 12933, 1991 WL 95279
See Acts of Alabama 1978, No. 691 § 16. 8 . The number of signatures required
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CopyCited 30 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 22902
less than 5 nor more than 20 years.” Ga.Code Ann. § 16-8-41 (1982). 26 Georgia has no habitual
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Cited as authorityAnthony Jones v. Warden J.D. White Attorney General of the State of Alabama, Circuit Court of MacOn County, William H. Mardis v. Charlie Jones, Warden Don Siegelman, Attorney General for the State of Alabama, Larry Wayne Garrett v. Charlie Jones, Warden and Attorney General of the State of Alabama, Terry Wayne McLester v. Morris Thigpen, Commissioner of the State of Alabama, Department of Corrections James H. Evans, Attorney General for the State of Alabama W.E. Johnson, Warden, Holman Station (1993) CopyCited 18 times | Published | Court of Appeals for the Eleventh Circuit
includes any "crime of violence" as defined in § 16. 8 U.S.C. § 1227 (a)(2)(A)(iii) ; see
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CopyCited 25 times | Published | Court of Appeals for the Eleventh Circuit
writ as to Smith’s convictions. . See O.C.G.A. § 16-8-41(a). .This was prior to Ake v. Oklahoma, 470
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CopyCited 19 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 6015, 2003 WL 1590270
appointing a new superintendent. 1975 Ala.Code § 16-8-7. Having no experience, individually or collectively
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CopyCited 18 times | Published | Florida 1st District Court of Appeal
reasonably foreseeable future." Colo. Rev. Stat. § 16-8-120 (1973). [9] See statutes collected by C. Hamann
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CopyCited 12 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 599552, 2013 U.S. App. LEXIS 3510
1227(a)(2)(A)(iii) when he pled guilty to violating Georgia Code § 16-8-14, a statute that criminalizes shoplifting. An
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CopyCited 13 times | Published | Florida 3rd District Court of Appeal | 2004 WL 231799
Philip J. Padovano, Florida Appellate Practice § 16.8 at 240 (2004 ed.) (footnote omitted); see also
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CopyCited 11 times | Published | Florida 1st District Court of Appeal | 2005 WL 230449
Philip J. Padovano, Florida Appellate Practice § 16.8 at 241-42; other citations omitted). Turning to
0 red0 yellow19 green0 procedural
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 1996 WL 180067
The Florida Bar, Florida Civil Trial Practice, § 16.8, at 16-9 (4th ed. 1994). *874 More recently, writing
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CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 21064, 2016 WL 6892164
after Mr. DeFrancis's conviction. See O.C.G.A. § 16-8-18; see also Ga, L. 1976, p. 186, § 1. . While
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CopyCited 10 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 26461, 15 Educ. L. Rep. 68
ordered to fill the vacancies created. Section 16-8-1 provides that “[t]he county board of education
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CopyCited 10 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 6008, 1991 WL 42422
315 S.E.2d at 654. 17 . O.C.G.A. § 16-8-41(a); see Hicks v. State, 232 Ga
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CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 36 Fed. R. Serv. 2d 728, 1983 U.S. App. LEXIS 28064
removed by the county school boards. See Ala.Code § 16-8-23 (1927). The Alabama county school boards are
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CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit
underlying the felony murder conviction. O.C.G.A. § 16-8-41(a). At trial, the judge instructed the jury
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CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 23 Wage & Hour Cas.2d (BNA) 1180, 2014 U.S. App. LEXIS 21293, 98 Empl. Prac. Dec. (CCH) 45, 188
interests of the schools may require[.]”); Ala.Code § 16-8-23 (“The county board [of education] may suspend
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CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 9327, 2010 WL 1796568
law for theft by deception. See, e.g., O.C.G.A. § 16-8-3; Gentry v. State, 202 Ga.App. 465, 414 S.E.2d
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CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit
law for a similar crime in the first degree. Section 16-8-41(b), Ga.Code.Ann. (1984); (Coker v. Georgia
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Cited as authorityAnthony Jones v. Warden J.D. White Attorney General of the State of Alabama, Circuit Court of MacOn County, William H. Mardis v. Charlie Jones, Warden Don Siegelman, Attorney General for the State of Alabama, Larry Wayne Garrett v. Charlie Jones, Warden and Attorney General of the State of Alabama, Terry Wayne McLester v. Morris Thigpen, Commissioner of the State of Alabama, Department of Corrections James H. Evans, Attorney General for the State of Alabama W.E. Johnson, Warden, Holman Station (1993) CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 1994 U.S. App. LEXIS 25938, 1994 WL 508257
between O.C.G.A. § 16-8-41(b) (Michie 1992) and O.C.G.A. § 17-10-l(a) (Michie 1990). Section 16-8-41(b) provides
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CopyCited 16 times | Published | Court of Appeals for the Eleventh Circuit | 2009 U.S. App. LEXIS 14129, 2009 WL 1636956
of armed robbery, in violation of Ga.Code Ann. § 16-8-41. Ex. 2 at 327. B. The Penalty Phase of Jefferson’s
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CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2000 WL 201440
property is taken or appropriated. GA. CODE ANN. § 16-8-2 (1993). The trial court ruled this was equivalent
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CopyCited 4 times | Published | Florida 2nd District Court of Appeal
Civil Practice Before Trial, Third Edition, Section 16.8 at page 396: "... RCP 1.280(b)(2) should not
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CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
theft by deception under state law, Ga.Code Ann. § 16-8-3, which were the predicate crimes triggering RICO
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CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 18987, 2016 WL 6134832
that Winsome Vassell’s conviction under O.C.G.A. § 16-8-2 was a “theft offense” as that term is defined
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CopyCited 3 times | Published | District Court, S.D. Florida | 1990 U.S. Dist. LEXIS 14960, 1990 WL 171214
injury requirement to equity actions under section 16. [8] Belcher attempts to distinguish Atlantic
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CopyPublished | Court of Appeals for the Eleventh Circuit | 50 Fed. R. Serv. 3d 1350, 2001 U.S. App. LEXIS 18343
violation of 18 U.S.C. 1341 (Mail Fraud), O.C.G.A. § 16-8-3 (Theft by Deception), and O.C.G.A. § 16-5-23
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CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 1999 U.S. App. LEXIS 152
16-6-1; armed robbery, see Ga.Code Ann. § 16-8-41; kidnapping for ransom, see Ga.Code
CopyPublished | Court of Appeals for the Eleventh Circuit
...The plaintiffs also
12
USCA11 Case: 20-12665 Date Filed: 08/12/2021 Page: 13 of 16
argue that the Attorney General has “general superintendence and direction” over
elected state attorneys, Fla. Stat. § 16.08, who can enforce § 32 and, separately,
that the Attorney General is “charged with the duty to serve as the head of the
Florida Department of Law Enforcement,” meaning that “should criminal penalties
be promulgated,” she would be in charge of enforcing § 32....
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CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2011 WL 149890
law for theft by deception. See, e.g., O.C.G.A. § 16-8-3; Gentry v. State, 202 Ga.App. 465, 414 S.E.2d
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CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2004 WL 2980006
theft by deception under state law, Ga.Code Ann. § 16-8-3, which were the predicate crimes triggering RICO
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit
to the allotment of public school funds.” Id. at § 16-8-3. It is clear that Alabama school boards have
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jan 24, 2024
O.C.G.A. § 16-8-41, and a 2008 conviction for robbery, O.C.G.A. § 16-8-40. Next, the PSI
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CopyPublished | Court of Appeals for the Eleventh Circuit
whether Georgia’s robbery statute, O.C.G.A. § 16-8-40, is divisible under Mathis v. United States
0 red0 yellow11 green0 procedural
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
law for theft by deception. See, e.g., O.C.G.A. § 16-8-3; Gentry v. State, 414 S.E.2d 696, 697 (Ga. Ct
CopyPublished | Court of Appeals for the Eleventh Circuit | 2009 U.S. App. LEXIS 14168, 2009 WL 1425256
law for theft by deception. See, e.g., O.C.G.A. § 16-8-3; Gentry v. State, 202 Ga.App. 465, 414 S.E.2d
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CopyPublished | Court of Appeals for the Eleventh Circuit
receipt of stolen property, in violation of O.C.G.A. § 16-8-7. In 2017, the Department of Homeland Security
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CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 3035, 1996 WL 134306
force beyond the mere effort to take the property. § 16-8-40(a), Ga.Code Ann. (1994); King v. Georgia, 214
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CopyPublished | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 10612, 2016 WL 3240221
“theft by taking” in violation of Georgia Code § 16-8-2. Mrs. Vassell has filed a petition for review
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CopyPublished | Court of Appeals for the Eleventh Circuit
of rendering aliens removable. See 18 U.S.C. § 16; 8 U.S.C. § 1101(a)(43)(F); 8 U.S.C. § 1227(a)(2)(A)(iii)
CopyPublished | Court of Appeals for the Eleventh Circuit
of rendering aliens removable. See 18 U.S.C. § 16; 8 U.S.C. § 1101(a)(43)(F); 8 U.S.C. § 1227(a)(2)(A)(iii)
CopyPublished | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 32364
law for a similar crime in. the first degree. Section 16-8-41(b), Ga.Code.Ann. (1984); (Coker v. Georgia
CopyPublished | Court of Appeals for the Eleventh Circuit
interests of the schools may require[.]”); Ala. Code § 16-8-23 (“The county board [of education] may suspend
CopyPublished | Court of Appeals for the Eleventh Circuit | 32 Educ. L. Rep. 496, 1986 U.S. App. LEXIS 25316
the United States contended that Alabama Code § 16-8-1, the statute that provides for at-large school
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CopyPublished | Court of Appeals for the Eleventh Circuit
“crime of violence,” as defined in 18 U.S.C. § 16. 8 U.S.C. § 1101(a)(43)(F). And “crime of violence”
CopyPublished | Court of Appeals for the Eleventh Circuit
governing elections. Under an option of Alabama Code § 16-8-1, the School Board is comprised of five members
CopyPublished | Court of Appeals for the Eleventh Circuit
ANN. § 16-6-1; armed robbery, see GA. CODE ANN. § 16-8-41; kidnapping for ransom, see GA. CODE ANN. §
CopyPublished | Court of Appeals for the Eleventh Circuit | 37 Educ. L. Rep. 80
boundaries of the City of Brewton. Pursuant to Ala.Code § 16-8-1, county board members are elected at large by
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CopyPublished | Court of Appeals for the Eleventh Circuit
violation of 18 U.S.C. 1341 (Mail Fraud), O.C.G.A. § 16-8-3 (Theft by Deception), and O.C.G.A. §16-5-23 (Battery)
CopyPublished | Court of Appeals for the Eleventh Circuit
property worth more than $500. See Ga. Code Ann. § 16–8–12(a)(1) (repealed 2012). Murry testified that