Florida Statute 17.10 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IV
EXECUTIVE BRANCH

Chapter 17
CHIEF FINANCIAL OFFICER

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F.S. 17.10

17.10 Record of warrants and of state funds and securities.—The Chief Financial Officer shall cause to be entered in the warrant register a record of the warrants issued during the previous month, and shall make such entry in the record so required to be kept as shall show the number of each warrant issued, in whose favor drawn, and the date it was issued. He or she shall account for all state funds and securities.

History.—s. 1, ch. 1536, 1866; RS 103; GS 107; ch. 7270, 1917; RGS 119; CGL 149; s. 4, ch. 83-132; s. 27, ch. 2003-261.

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Amendments to 17.10

Annotations, Discussions, Cases:

Cases Citing Statute 17.10

Total Results: 160

Willie Santonio Manders v. Thurman Lee

338 F.3d 1304, 2003 WL 21729838

Court of Appeals for the Eleventh Circuit | Filed: Jul 28, 2003 | Docket: 397713

Cited 369 times | Published

county jail in certain circumstances. O.C.G.A. § 17-10-1(a)(3)(A). No sheriff's approval is required.

James Randall Rogers, Cross-Appellee. v. Walter D. Zant

13 F.3d 384, 1994 U.S. App. LEXIS 2198, 1994 WL 13831

Court of Appeals for the Eleventh Circuit | Filed: Jan 21, 1994 | Docket: 153714

Cited 286 times | Published

aggravating circumstances, 1 O.C.G.A. § 17-10 — 30(b)(2) & (7); and Rogers was sentenced to death

Travis Clinton Hittson v. GDCP Warden

759 F.3d 1210, 2014 WL 3513033

Court of Appeals for the Eleventh Circuit | Filed: Jul 9, 2014 | Docket: 367098

Cited 257 times | Published

statutorily defined aggravating factor. See O.C.G.A. § 17-10-31(a). The State, relying on the evidence presented

Nathaniel Porter, Jr. v. Walter S. Ray, Jr.

461 F.3d 1315, 2006 WL 1697525, 2006 U.S. App. LEXIS 15612

Court of Appeals for the Eleventh Circuit | Filed: Jun 21, 2006 | Docket: 398638

Cited 252 times | Published

1994, the Georgia legislature passed O.C.G.A. § 17-10-6.1, which at the time of passage, required that

Henry Lee McCoy v. Lansom Newsome, Warden

953 F.2d 1252, 1992 U.S. App. LEXIS 1108, 1992 WL 13021

Court of Appeals for the Eleventh Circuit | Filed: Jan 29, 1992 | Docket: 835257

Cited 229 times | Published

sentenced as a second offender under O.C.G.A. § 17-10-7. On May 23, 1984, McCoy filed a petition

William Anthony Brooks v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent

762 F.2d 1383

Court of Appeals for the Eleventh Circuit | Filed: Jul 23, 1985 | Docket: 146620

Cited 198 times | Published

Georgia’s capital sentencing scheme. Ga.Code Ann. § 17-10-2(c) (1982). The trial court informed the jury

Joshua Daniel Bishop v. Warden, GDCP

726 F.3d 1243, 2013 WL 4020264, 2013 U.S. App. LEXIS 16429

Court of Appeals for the Eleventh Circuit | Filed: Aug 8, 2013 | Docket: 684680

Cited 175 times | Published

84.] 2 . See O.C.G.A. § 17— 10 — 30(b)(2) (aggravating circumstance where "[t]he

Beoties Emory v. Clarence Peeler, Individually and in His Official Capacity as Superior Court Judge, Stone Mountain Judicial Circuit

756 F.2d 1547, 1985 U.S. App. LEXIS 28840

Court of Appeals for the Eleventh Circuit | Filed: Apr 8, 1985 | Docket: 176132

Cited 171 times | Published

penalty. See generally Ga.Code Ann. § 17-10-30 (1984) (procedure for imposition of the death

Carzell Moore v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent

809 F.2d 702, 1987 U.S. App. LEXIS 1217

Court of Appeals for the Eleventh Circuit | Filed: Jan 21, 1987 | Docket: 467321

Cited 161 times | Published

murder, kidnapping, and armed robbery, see O.C.G.A. § 17-10-30(b)(2) (1982); and, second, each crime was outrageously

Henry Arthur Drake v. Ralph Kemp, Warden

762 F.2d 1449, 1985 U.S. App. LEXIS 30624

Court of Appeals for the Eleventh Circuit | Filed: May 31, 1985 | Docket: 495763

Cited 152 times | Published

aggravated battery to the victim,” Ga.Code Ann. § 17-10-30(b)(7) — was unconstitutionally overbroad and

Joseph James Blake v. Ralph Kemp, Warden, Georgia Diagnostic Center

758 F.2d 523

Court of Appeals for the Eleventh Circuit | Filed: May 13, 1985 | Docket: 504965

Cited 141 times | Published

27-2534.1(b)(7) (now codified at Ga.Code Ann. § 17-10-30(b)(7). 21. The trial court’s imposition of petitioner’s

Larry J. Johnson v. Louie L. Wainwright, Secretary, Florida Department of Corrections, Respondent

778 F.2d 623, 1985 U.S. App. LEXIS 25348

Court of Appeals for the Eleventh Circuit | Filed: Dec 2, 1985 | Docket: 507594

Cited 135 times | Published

Stat. § 921.141(3) with Ga. Code § 17-10-31. Because we find no error under the

Fugate v. Head

261 F.3d 1206, 2001 U.S. App. LEXIS 18505, 2001 WL 930557

Court of Appeals for the Eleventh Circuit | Filed: Aug 16, 2001 | Docket: 397009

Cited 132 times | Published

... 5 Under Georgia law, O.C.G.A. § 17-10-30(c), the jury was authorized to impose the death

Cargill v. Turpin

120 F.3d 1366, 1997 U.S. App. LEXIS 22315, 1997 WL 473579

Court of Appeals for the Eleventh Circuit | Filed: Aug 21, 1997 | Docket: 1118683

Cited 130 times | Published

found two aggravating circumstances under O.C.G.A. § 17-10-30(b)(2) 11 Cargill

Ivon Ray Stanley v. Walter D. Zant, Warden Georgia Diagnostic and Classification Center, Defendant

697 F.2d 955

Court of Appeals for the Eleventh Circuit | Filed: May 3, 1983 | Docket: 578645

Cited 118 times | Published

during both phases of the trial. See Ga.Code Ann. § 17-10-30(b) (formerly codified at § 27-2534.1(b) of the

Warren McCleskey Cross-Appellant v. Ralph Kemp, Warden, Cross-Appellee

753 F.2d 877, 1985 U.S. App. LEXIS 28073

Court of Appeals for the Eleventh Circuit | Filed: Jan 29, 1985 | Docket: 160487

Cited 117 times | Published

S.Ct. 2733, 77 L.Ed.2d 235, 251. . o.C.G.A. § 17-10-30. . The eight sub-groups were derived from

United States v. Barner

572 F.3d 1239, 2009 WL 1842564

Court of Appeals for the Eleventh Circuit | Filed: Jun 29, 2009 | Docket: 399430

Cited 103 times | Published

act." Id. at 809 F.2d at 727-28, citing O.C.G.A. § 17-10-7(a) (Supp.1985). Under these circumstances, Barner's

James Cunningham, Jr., Cross-Appellant v. Walter Zant, Warden, Georgia Diagnostic and Classification Center, Cross-Appellee

928 F.2d 1006, 1991 U.S. App. LEXIS 4864, 1991 WL 42423

Court of Appeals for the Eleventh Circuit | Filed: Mar 27, 1991 | Docket: 526918

Cited 103 times | Published

circumstances as to both offenses pursuant to Ga.Code Ann. § 17-10-30(b)(2) & (b)(7) and recommended that Cunningham

William "Billy" Mitchell v. Ralph Kemp, Warden

762 F.2d 886, 1985 U.S. App. LEXIS 30164

Court of Appeals for the Eleventh Circuit | Filed: May 23, 1985 | Docket: 281171

Cited 103 times | Published

called character witnesses, see O.C.G.A. § 17-10-2, this does not make unreasonable his assumption

Norman Darnell Baxter v. Albert G. Thomas, Warden, Georgia Diagnostic and Classification Center

45 F.3d 1501, 1995 U.S. App. LEXIS 2400, 1995 WL 50147

Court of Appeals for the Eleventh Circuit | Filed: Feb 9, 1995 | Docket: 420482

Cited 93 times | Published

receiving ... thing[s] of monetary value.” O.C.G.A. § 17-10-30(b)(4). We disagree. The jury heard evidence

Kelly Renee Gissendaner v. Kathy Seaboldt, Warden, Metro State Prison

735 F.3d 1311, 2013 U.S. App. LEXIS 23284, 2013 WL 6069272

Court of Appeals for the Eleventh Circuit | Filed: Nov 19, 2013 | Docket: 25218

Cited 86 times | Published

commit the murder. See Ga.Code Ann. § 17-10-30(b)(2), (6) (1998). Gissendaner’s conviction

Newland v. Hall

527 F.3d 1162, 2008 U.S. App. LEXIS 10433, 2008 WL 2042822

Court of Appeals for the Eleventh Circuit | Filed: May 14, 2008 | Docket: 155540

Cited 86 times | Published

with written notice in accordance with O.C.G.A. § 17-10-30(7).21 Following the UAP format, the court instructed

David Peek v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center

784 F.2d 1479, 1986 U.S. App. LEXIS 22736, 54 U.S.L.W. 2506

Court of Appeals for the Eleventh Circuit | Filed: Mar 5, 1986 | Docket: 866335

Cited 86 times | Published

defined aggravating circumstance. Ga.Code Ann. § 17-10-31. If no such circumstance is found, the jury

Fugate v. Head

261 F.3d 1206

Court of Appeals for the Eleventh Circuit | Filed: Aug 16, 2001 | Docket: 397007

Cited 81 times | Published

5 Under Georgia law, O.C.G.A. § 17-10-30(c), the jury was authorized to impose the death

Robert Dale Conklin v. Derrick Schofield

366 F.3d 1191, 2004 U.S. App. LEXIS 7659, 2004 WL 840614

Court of Appeals for the Eleventh Circuit | Filed: Apr 21, 2004 | Docket: 398024

Cited 72 times | Published

Having satisfied the requirements of O.C.G.A. § 17-10-30(b)(7),5 the jury recommended that Conklin be

Richard Tucker v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent

762 F.2d 1496

Court of Appeals for the Eleventh Circuit | Filed: Jul 23, 1985 | Docket: 146614

Cited 69 times | Published

exist beyond a reasonable doubt. Ga.Code Ann. § 17-10-30(c) (1982). Once such a circumstance has been

Williams v. Turpin

87 F.3d 1204, 1996 U.S. App. LEXIS 15189, 1996 WL 342849

Court of Appeals for the Eleventh Circuit | Filed: Jun 24, 1996 | Docket: 419938

Cited 63 times | Published

Unified Appeal Procedure, codified at O.C.GA. § 17-10-36. Allen raised a number of claims in the motion

Johnny Mack Westbrook v. Walter B. Zant, Warden, Georgia Diagnostic and Classification Center

704 F.2d 1487, 1983 U.S. App. LEXIS 27982

Court of Appeals for the Eleventh Circuit | Filed: May 16, 1983 | Docket: 955280

Cited 63 times | Published

the Georgia death penalty statute, Ga.Code Ann. § 17-10-30(b)(7); (5) that the state trial court erroneously

William Neal Moore v. Charles Balkcom, Warden, Arthur K. Bolton, Attorney General

716 F.2d 1511, 1983 U.S. App. LEXIS 16411

Court of Appeals for the Eleventh Circuit | Filed: Sep 30, 1983 | Docket: 957268

Cited 62 times | Published

the Georgia statutory procedure. Ga.Code Ann. § 17-10-35 (1982) (formerly Ga.Code Ann. § 27-2537). The

Johnny Mack Westbrook v. Walter D. Zant, Warden, Georgia Diagnostic and Classification Center

743 F.2d 764, 1984 U.S. App. LEXIS 18386

Court of Appeals for the Eleventh Circuit | Filed: Sep 21, 1984 | Docket: 365570

Cited 57 times | Published

the Georgia death penalty statute, Ga.Code Ann. § 17— 10 — 30(b)(7); (5) that the state trial court erroneously

William Boyd Tucker v. Ralph Kemp, Warden

762 F.2d 1480

Court of Appeals for the Eleventh Circuit | Filed: Jul 23, 1985 | Docket: 495758

Cited 55 times | Published

capital punishment statute commenced. Ga.Code Ann. § 17-10-2(c) (1982). The state introduced no new evidence

Charles Thomas Corn, Cross-Appellant v. Walter Zant, Warden, Jackson Diagnostic and Classification Center, Respondent- Cross-Appellee

708 F.2d 549

Court of Appeals for the Eleventh Circuit | Filed: Aug 11, 1983 | Docket: 225280

Cited 55 times | Published

Ann. § 27-2537 (recodified as Off.Code Ga.Ann. § 17-10-35 (1982)), the Supreme Court of Georgia upheld

Roger Collins v. Robert O. Francis, Warden, Ga. Diagnostic and Classification Center

728 F.2d 1322, 1984 U.S. App. LEXIS 24501, 15 Fed. R. Serv. 404

Court of Appeals for the Eleventh Circuit | Filed: Mar 15, 1984 | Docket: 2315540

Cited 54 times | Published

This section has been recodified as O.C.G.A. § 17-10-30(b)(7). It singles out murders “outrageously

Garnett William Cape v. Robert Francis, Warden

741 F.2d 1287, 1984 U.S. App. LEXIS 19031

Court of Appeals for the Eleventh Circuit | Filed: Aug 31, 1984 | Docket: 257991

Cited 53 times | Published

27-2534.1(b)(7) (Harrison 1977); Off.Code Ga.Ann. § 17-10-30(b)(7) (Michie 1982).1 *1292Cape subsequently

Coday v. State

946 So. 2d 988, 2006 WL 3028248

Supreme Court of Florida | Filed: Oct 26, 2006 | Docket: 1771455

Cited 51 times | Published

death. Id. § 3.1 (now codified as Ga.Code Ann. § 17-10-30 (Supp.2006)).[13] In Gregg v. Georgia, 428 U

William Boyd Tucker v. Walter D. Zant

724 F.2d 882, 1984 U.S. App. LEXIS 24498

Court of Appeals for the Eleventh Circuit | Filed: Mar 15, 1984 | Docket: 1226589

Cited 50 times | Published

existence of a statutory aggravating factor. O.C.G.A. § 17-10-30(c).4 Even if the jury determines that an aggravating

William Boyd Tucker v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center

802 F.2d 1293

Court of Appeals for the Eleventh Circuit | Filed: Oct 30, 1986 | Docket: 611203

Cited 49 times | Published

“recommendation” and hence nonbinding. . Although O.C.G.A. § 17-10-31 provides that the death penalty shall not be

James E. Messer, Jr. v. Ralph Kemp, Warden Georgia Diagnostic and Classification Center

760 F.2d 1080, 1985 U.S. App. LEXIS 30003

Court of Appeals for the Eleventh Circuit | Filed: Apr 30, 1985 | Docket: 561628

Cited 48 times | Published

an aggravated battery to the victim.” O.C.G.A. § 17-10-30(b)(7). Therefore, although Sawhill’s closing

Willie James Hall v. Frederick Head

310 F.3d 683, 2002 U.S. App. LEXIS 22360, 2002 WL 31414106

Court of Appeals for the Eleventh Circuit | Filed: Oct 25, 2002 | Docket: 212857

Cited 47 times | Published

of statutory aggravating circumstances under section 17-10-30 of the Georgia Code, and recommending the

Van Roosevelt Solomon v. Ralph Kemp, Warden, Georgia Diagnostic & Classification Center

735 F.2d 395, 1984 U.S. App. LEXIS 21632

Court of Appeals for the Eleventh Circuit | Filed: Jun 12, 1984 | Docket: 348202

Cited 46 times | Published

of every death sentence. O.C.G.A. „ TJ , . ,, , § 17-10-35. In reviewing the sentence, the , , , , . ,

Gonzalez Ex Rel. Gonzalez v. Reno

86 F. Supp. 2d 1167, 2000 U.S. Dist. LEXIS 3225, 2000 WL 289604

District Court, S.D. Florida | Filed: Mar 21, 2000 | Docket: 2244647

Cited 45 times | Published

for standing. See 4 Moore's Federal Practice, § 17.10[1] (Matthew Bender 3d ed.) (stating that not every

Son H. Fleming v. Ralph Kemp

748 F.2d 1435, 1984 U.S. App. LEXIS 16373

Court of Appeals for the Eleventh Circuit | Filed: Nov 29, 1984 | Docket: 219624

Cited 45 times | Published

note 12. . Ga.Code Ann. § 17-10-30(b)(8) (1982). . Ga.Code Ann. § 17-10-30(b)(2) (1982). . We deny

Roe v. State Of Alabama

43 F.3d 574

Court of Appeals for the Eleventh Circuit | Filed: Feb 23, 1995 | Docket: 11963

Cited 42 times | Published

older.' " Ala.Code Sec. 17-10-7 (1980).1 Section 17-10-9 of the code prescribes the physical form of

United States v. Rex Richard Veteto

920 F.2d 823, 1991 U.S. App. LEXIS 78, 1991 WL 20

Court of Appeals for the Eleventh Circuit | Filed: Jan 7, 1991 | Docket: 688271

Cited 42 times | Published

otherwise expressly provided therein.” O.C.G.A. § 17-10-10(b). Veteto relies on a passage from Amerson

Casey Bridges v. Curtis Johnson

284 F.3d 1201, 2002 U.S. App. LEXIS 3519, 2002 WL 347827

Court of Appeals for the Eleventh Circuit | Filed: Mar 6, 2002 | Docket: 238794

Cited 41 times | Published

application for sentence review under Georgia Code § 17-10-6, and therefore, that his federal habeas petition

Henry Arthur Drake v. Robert O. Francis

727 F.2d 990, 1984 U.S. App. LEXIS 23842

Court of Appeals for the Eleventh Circuit | Filed: Apr 5, 1984 | Docket: 561790

Cited 40 times | Published

27-2534.1(b)(7) (1983), recodified as, O.C.G.A. § 17-10-30(b)(7) (1982). Because “[a] person of ordinary

Williams v. Turpin

87 F.3d 1204

Court of Appeals for the Eleventh Circuit | Filed: Jun 24, 1996 | Docket: 1118635

Cited 39 times | Published

Unified Appeal Procedure, codified at O.C.G.A. § 17-10-36. Allen raised a number of claims in the motion

Joseph Mulligan v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent

771 F.2d 1436, 1985 U.S. App. LEXIS 26358

Court of Appeals for the Eleventh Circuit | Filed: Sep 4, 1985 | Docket: 490010

Cited 39 times | Published

Georgia statute, currently codified at Ga. Code Ann. § 17-10-30, et seq., was enacted in 1973

Freddie Davis, Cross-Appellant v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent- Cross-Appellee

829 F.2d 1522

Court of Appeals for the Eleventh Circuit | Filed: Nov 25, 1987 | Docket: 1156724

Cited 36 times | Published

aggravating circumstance, see O.C.G.A. § 17-10-30(b)(2), 1 and the judge sentenced

DeYoung v. Owens

646 F.3d 1319, 2011 U.S. App. LEXIS 15794, 2011 WL 2899704

Court of Appeals for the Eleventh Circuit | Filed: Jul 20, 2011 | Docket: 1875172

Cited 34 times | Published

to death until such person is dead." O.C.G.A. § 17-10-38(a) (2000). Under the lethal injection protocol

United States v. Battle

173 F.3d 1343, 1999 U.S. App. LEXIS 8206, 1999 WL 252378

Court of Appeals for the Eleventh Circuit | Filed: Apr 28, 1999 | Docket: 2037319

Cited 33 times | Published

execution is electrocution. See O.C.G.A. § 17-10-38(a). This provision is a constitutional

Shirley Tyler, Cross-Appellant v. Ralph Kemp, Warden, Cross-Appellee

755 F.2d 741, 1985 U.S. App. LEXIS 28399

Court of Appeals for the Eleventh Circuit | Filed: Feb 22, 1985 | Docket: 512517

Cited 33 times | Published

“inhuman in that it involved torture.” O.C.G.A. § 17-10-30(7). On direct appeal to the Georgia Supreme

William Anthony Brooks v. Robert Francis, Warden, Georgia Diagnostic and Classification Center

716 F.2d 780, 1983 U.S. App. LEXIS 16914

Court of Appeals for the Eleventh Circuit | Filed: Sep 15, 1983 | Docket: 232976

Cited 31 times | Published

section 27-2534.1(b) (recodified Off.C.Ga.Ann. § 17-10-30). 5 After instructing the jury on

Joseph Wilson, Jr. v. Ralph Kemp, Warden

777 F.2d 621

Court of Appeals for the Eleventh Circuit | Filed: Feb 10, 1986 | Docket: 506547

Cited 30 times | Published

to recommend mercy for the defendant.” O.C.G.A. § 17-10-2(c) (Michie 1982). Thus, as we held in Drake,

Charlie Benson Bowen v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent

769 F.2d 672, 1985 U.S. App. LEXIS 21467

Court of Appeals for the Eleventh Circuit | Filed: Aug 6, 1985 | Docket: 790469

Cited 29 times | Published

because it involved torture. See Ga.Code Ann. § 17-10-30(b)(7); Tr. at 613. Therefore, under *682Georgia

Roosevelt Green, Jr. v. Walter D. Zant

738 F.2d 1529, 1984 U.S. App. LEXIS 20071

Court of Appeals for the Eleventh Circuit | Filed: Jul 30, 1984 | Docket: 793073

Cited 29 times | Published

aggravating circumstance under Off.Code Ga.Ann. § 17-10-30(b)(7). He conceded that the crime was “horrible

Richard Tucker v. Robert Francis, Warden, Georgia Diagnostic and Classification Center

723 F.2d 1504, 1984 U.S. App. LEXIS 24497

Court of Appeals for the Eleventh Circuit | Filed: Mar 15, 1984 | Docket: 780576

Cited 28 times | Published

Code § 190.1 (Deerings 1973) and Ga.Code Ann. § 17-10-2 (1982). In any event, our reading of the fifth

Nicholas Lee Ingram v. Walter D. Zant, Warden, Georgia Diagnostic and Classification Center

26 F.3d 1047, 1994 U.S. App. LEXIS 17171, 1994 WL 327400

Court of Appeals for the Eleventh Circuit | Filed: Jul 12, 1994 | Docket: 2033664

Cited 27 times | Published

without parole. See Ga.Code Ann. § 17-10-16(b) (Michie Supp.1993). Thus, had Ingram received

Fred Marion Gilreath, Jr. v. Frederick J. Head

234 F.3d 547

Court of Appeals for the Eleventh Circuit | Filed: Dec 13, 2000 | Docket: 748315

Cited 26 times | Published

horrible, and inhuman. See O.C.G.A. § 17-10 — 30(b)(7). The State also alleged that the murder

William Neal Moore v. Walter Zant

885 F.2d 1497

Court of Appeals for the Eleventh Circuit | Filed: Nov 3, 1989 | Docket: 920221

Cited 26 times | Published

(Harrison 1978) (current version at Ga.Code Ann. § 17-10-30(b)(1) (1982)). Thereafter, the court sentenced

William Alvin Smith, Cross-Appellee v. Walter Zant, Warden, Georgia Diagnostic and Classification Center, Cross-Appellant

887 F.2d 1407

Court of Appeals for the Eleventh Circuit | Filed: Dec 4, 1989 | Docket: 503336

Cited 25 times | Published

aggravated battery to the victim,” see O.C.G.A. § 17-10-30(b)(7), and imposed the death sentence. Smith

James Messer, Jr. v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent

831 F.2d 946

Court of Appeals for the Eleventh Circuit | Filed: Nov 30, 1987 | Docket: 682830

Cited 25 times | Published

(Harrison 1978) (current version at Ga.Code Ann. § 17-10-30(b)(2) (1982)); and (2) the offenses of murder

Charlie Young, Jr. v. Ralph Kemp, Warden, Georgia Diagnostic & Classification Center, Joseph H. Briley, District Attorney of Ocmulgee Circuit

760 F.2d 1097, 1985 U.S. App. LEXIS 30004

Court of Appeals for the Eleventh Circuit | Filed: May 3, 1985 | Docket: 561631

Cited 24 times | Published

the Georgia death penalty statute, Ga.Code Ann. § 17-10-30(c) — bars the state under the Double Jeopardy

Willie X. Ross v. Ralph Kemp

756 F.2d 1483, 1985 U.S. App. LEXIS 28904

Court of Appeals for the Eleventh Circuit | Filed: Mar 25, 1985 | Docket: 127924

Cited 23 times | Published

convicted person is not death eligible. O.C.G.A. § 17-10-30 et seq. An Enmund instruction in the proper

State v. Steele

921 So. 2d 538

Supreme Court of Florida | Filed: Feb 2, 2006 | Docket: 1658862

Cited 21 times | Published

18-1.3-1201(2)(a) (2004)); Georgia (Ga.Code.Ann. § 17-10-31.1(c) (2004)); Idaho (Idaho Code § 19-2515(3)(b)

State v. Steele

921 So. 2d 538

Supreme Court of Florida | Filed: Feb 2, 2006 | Docket: 1658862

Cited 21 times | Published

18-1.3-1201(2)(a) (2004)); Georgia (Ga.Code.Ann. § 17-10-31.1(c) (2004)); Idaho (Idaho Code § 19-2515(3)(b)

Forrest Andrew Jordan v. Ray Lippman, Warden, and Michael J. Bowers, Attorney General for the State of Georgia

763 F.2d 1265, 1985 U.S. App. LEXIS 30697

Court of Appeals for the Eleventh Circuit | Filed: Jun 21, 1985 | Docket: 496045

Cited 21 times | Published

discretion in favor of life. Id. at § 17-10-31; see also Gregg v. Georgia, 428

Christopher A. Burger v. Walter D. Zant, Warden, Georgia Diagnostic and Classification Center

984 F.2d 1129, 1993 U.S. App. LEXIS 2267, 1993 WL 33333

Court of Appeals for the Eleventh Circuit | Filed: Feb 12, 1993 | Docket: 841531

Cited 20 times | Published

conducted on this claim; (2) whether O.C.G.A. § 17-10-30(b)(7)’s aggravating circumstance is constitutionally

Christopher A. Burger, Cross-Appellant v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent- Cross-Appellee

753 F.2d 930, 1985 U.S. App. LEXIS 28157

Court of Appeals for the Eleventh Circuit | Filed: Feb 5, 1985 | Docket: 306278

Cited 20 times | Published

101 S.Ct. 903, 66 L.Ed.2d 831 (1980); O.C.G.A. § 17-10-2. This may include ”[a]ny lawful evidence which

William Neal Moore v. Ralph Kemp

824 F.2d 847, 1987 U.S. App. LEXIS 10035

Court of Appeals for the Eleventh Circuit | Filed: Jul 27, 1987 | Docket: 810803

Cited 19 times | Published

any proof of future dangerousness. See O.C.G.A. § 17-10-30. It would be anomalous for us to charge Moore’s

Timothy D. Carr v. Derrick Schofield

364 F.3d 1246, 2004 U.S. App. LEXIS 5913, 2004 WL 628208

Court of Appeals for the Eleventh Circuit | Filed: Mar 31, 2004 | Docket: 1972607

Cited 18 times | Published

within the limits prescribed by law. O.C.G.A. § 17-10-2(c) (2002). Once the jury has made its determination

Stephen Todd Booker v. Richard L. Dugger, Secretary, Florida Department of Corrections

922 F.2d 633, 1991 U.S. App. LEXIS 499, 1991 WL 2187

Court of Appeals for the Eleventh Circuit | Filed: Jan 14, 1991 | Docket: 308688

Cited 18 times | Published

is binding on the trial judge. See Ga.Code Ann. § 17-10-31 (1990). . The Court declined to “express any

Curfew Davis v. Walter D. Zant, Warden, Georgia Diagnostic and Classification Center

721 F.2d 1478

Court of Appeals for the Eleventh Circuit | Filed: Mar 6, 1984 | Docket: 226954

Cited 18 times | Published

language of this section has been renumbered as § 17-10-30(b)(7) (1982) in the current Georgia Code.

Jimmie Burden, Jr. v. Walter Zant, Warden, Georgia Diagnostic and Classification Center

24 F.3d 1298, 1994 U.S. App. LEXIS 14952, 1994 WL 263494

Court of Appeals for the Eleventh Circuit | Filed: Jun 15, 1994 | Docket: 542538

Cited 17 times | Published

sentences the defendant. See O.C.G.A. § 17-10-31 (Michie 1990). 6 . During the

Robert Wayne Holsey v. Warden, Georgia Diagonstic Prison

694 F.3d 1230, 2012 WL 4017294, 2012 U.S. App. LEXIS 19370

Court of Appeals for the Eleventh Circuit | Filed: Sep 13, 2012 | Docket: 593603

Cited 16 times | Published

performance of his official duties,” see Ga. Code Ann. § 17-10-30(b)(8); (2) “Holsey shot and killed Will Robinson

Jefferson v. Hall

570 F.3d 1283, 2009 U.S. App. LEXIS 14129, 2009 WL 1636956

Court of Appeals for the Eleventh Circuit | Filed: Jun 12, 2009 | Docket: 399447

Cited 16 times | Published

circumstances are found at Ga.Code Ann. § 17—10—30(b)(2) and § 17-10-3 0(b)(7), respectively. . In all

John Washington Hightower v. Derrick Schofield

365 F.3d 1008, 2004 U.S. App. LEXIS 7040, 2004 WL 764596

Court of Appeals for the Eleventh Circuit | Filed: Apr 12, 2004 | Docket: 398023

Cited 16 times | Published

and rulings from the earlier case. .O.C.G.A. § 17-10-31 requires that a death sentence be supported

Devier v. Zant

3 F.3d 1445

Court of Appeals for the Eleventh Circuit | Filed: Sep 23, 1993 | Docket: 64014678

Cited 16 times | Published

Georgia's Unified Appeal Procedure, see Ga.Code Ann. § 17-10-36 (1990), is unconstitutional; (11) he was denied

Carzell Moore v. Walter D. Zant, Warden, Georgia Diagnostic and Classification Center

722 F.2d 640, 1984 U.S. App. LEXIS 24500

Court of Appeals for the Eleventh Circuit | Filed: Mar 15, 1984 | Docket: 491542

Cited 16 times | Published

3383, 3396-98, 77 L.Ed.2d 1090 (1983); O.C.G.A. § 17-10-2(a) (1982) (formerly Ga.Code Ann. § 27-2503).

Albert Thomas v. Lanson Newsome, Warden

821 F.2d 1550, 1987 U.S. App. LEXIS 9637

Court of Appeals for the Eleventh Circuit | Filed: Jul 20, 1987 | Docket: 973162

Cited 15 times | Published

unless otherwise expressly specified. O.C.G.A. § 17— 10-10(a) (1982).

Gary v. Hall

558 F.3d 1229, 2009 U.S. App. LEXIS 2783, 2009 WL 331605

Court of Appeals for the Eleventh Circuit | Filed: Feb 12, 2009 | Docket: 354352

Cited 12 times | Published

under the Unified Appeal Procedure. See O.C.G.A. § 17-10-36 (1980). The Georgia Supreme Court's remand order

Michael Albert Cervi v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent

855 F.2d 702

Court of Appeals for the Eleventh Circuit | Filed: Sep 29, 1988 | Docket: 816072

Cited 12 times | Published

guidance concerning the application of O.C.G.A. § 17-10-30(b)(7); (17) that appellate review of his case

Christopher A. Burger, Cross-Appellant v. Walter A. Zant, Warden, Georgia Diagnostic and Classification Center, Cross-Appellee

718 F.2d 979, 1983 U.S. App. LEXIS 16101

Court of Appeals for the Eleventh Circuit | Filed: Oct 13, 1983 | Docket: 927870

Cited 12 times | Published

considering both the crime and the defendant.” O.C.G.A. § 17-10-35(c)(3) (1982), formerly Ga.Code Ann. § 27-2537(c)(3)

James Mathis, Cross-Appellant v. Walter Zant, Warden, Georgia Diagnostic and Classification Center, Cross-Appellee

903 F.2d 1368, 16 Fed. R. Serv. 3d 1193, 1990 U.S. App. LEXIS 8655, 1990 WL 76474

Court of Appeals for the Eleventh Circuit | Filed: May 29, 1990 | Docket: 507859

Cited 10 times | Published

death penalty for each murder.1 See Ga.Code Ann. § 17-10-30(b)(2), (7) (1982). On direct appeal to the Georgia

Jimmie Burden, Jr. v. Walter Zant, Warden, Georgia Diagnostic and Classification Center

903 F.2d 1352, 1990 U.S. App. LEXIS 8719, 1990 WL 74560

Court of Appeals for the Eleventh Circuit | Filed: May 29, 1990 | Docket: 631711

Cited 10 times | Published

the defendant. See Ga.Code Ann. § 17-10-31 (1982). 2 . Burden brought the

Eric Lynn Ferrell v. Hilton Hall

640 F.3d 1199, 2011 U.S. App. LEXIS 10556, 2011 WL 1811132

Court of Appeals for the Eleventh Circuit | Filed: May 13, 2011 | Docket: 446766

Cited 9 times | Published

commission of the offense of murder, Ga.Code Ann. § 17-10 — 30(b)(2); then, the murders were committed while

Jack E. Alderman v. William Terry

468 F.3d 775, 2006 U.S. App. LEXIS 26968, 2006 WL 3056517

Court of Appeals for the Eleventh Circuit | Filed: Oct 30, 2006 | Docket: 398777

Cited 9 times | Published

jury to return a verdict of death. Ga.Code Ann. § 17-10-30(b)(4) (1984). 5 . Brown testified

Robert Karl Hicks v. Frederick J. Head, Warden, Gerogia Diagnostic and Classification Prison

333 F.3d 1280, 2003 U.S. App. LEXIS 11811, 2003 WL 21373174

Court of Appeals for the Eleventh Circuit | Filed: Jun 16, 2003 | Docket: 2039175

Cited 9 times | Published

battery to the victim. See Ga.Code Ann. § 17—10—30(b)(1), (b)(2) and (b)(7) (1997). The Supreme

John Wayne Conner v. GDCP Warden

784 F.3d 752, 2015 U.S. App. LEXIS 6103, 2015 WL 1651885

Court of Appeals for the Eleventh Circuit | Filed: Apr 15, 2015 | Docket: 2649636

Cited 8 times | Published

battery to the victim.” See O.C.G.A. § 17-10-30(b)(7). B. DIRECT APPEAL Mr. Conner

William Henry Hance v. Walter Zant, Warden, Georgia Diagnostic & Classification Center

981 F.2d 1180

Court of Appeals for the Eleventh Circuit | Filed: Mar 11, 1993 | Docket: 840851

Cited 8 times | Published

of aggravated battery contemplated by O.C.G.A. § 17-10-30(b)(7). During its deliberations, the jury

Anthony L. Estes v. Bruce Chapman

382 F.3d 1237, 2004 U.S. App. LEXIS 18374, 2004 WL 1925605

Court of Appeals for the Eleventh Circuit | Filed: Aug 31, 2004 | Docket: 398134

Cited 7 times | Published

“serious violent felony,” as defined in O.C.G.A. § 17-10-6.1, 1 the court was required to sentence

Jimmie Burden, Jr. v. Walter Zant, Warden, Georgia Diagnostic and Classification Center

975 F.2d 771, 1992 U.S. App. LEXIS 24856, 1992 WL 252298

Court of Appeals for the Eleventh Circuit | Filed: Oct 5, 1992 | Docket: 62013

Cited 7 times | Published

unclear. As required under Georgia law, O.C.G.A. § 17-10-35(a) (1990), the state trial court in the present

Friedman v. Snipes

345 F. Supp. 2d 1356, 2004 U.S. Dist. LEXIS 23739, 2004 WL 2676317

District Court, S.D. Florida | Filed: Nov 9, 2004 | Docket: 2438022

Cited 6 times | Published

the requirements of Alabama Code § 17-10-7. Id. at 405. Section 17-10-7 required that all absentee ballots

United States v. Garrey Duty, Jr.

302 F.3d 1240, 2002 WL 1905945

Court of Appeals for the Eleventh Circuit | Filed: Aug 20, 2002 | Docket: 397500

Cited 6 times | Published

1. AFFIRMED. 1 . O.C.G.A. § 17-10-7(d) provides: “For the purpose of this Code section

William Alvin Smith, Cross-Appellee v. Walter Zant, Warden, Georgia Diagnostic and Classification Center, Cross-Appellant

855 F.2d 712, 1988 U.S. App. LEXIS 11707, 1988 WL 90136

Court of Appeals for the Eleventh Circuit | Filed: Aug 26, 1988 | Docket: 816082

Cited 6 times | Published

battery to the victim,” see O.C.G.A. § 17-10-30(b)(7), and imposed the death sentence.

Kelly Renee Gissendaner v. Commissioner, Georgia Department of Corrections

794 F.3d 1327, 2015 U.S. App. LEXIS 12810, 2015 WL 4496317

Court of Appeals for the Eleventh Circuit | Filed: Jul 24, 2015 | Docket: 2676921

Cited 5 times | Published

from February 25 to March 4, 2015. See Ga.Code § 17-10-40(b). The original execution date was set for

Provenzano v. State

760 So. 2d 137, 2000 WL 674703

Supreme Court of Florida | Filed: May 25, 2000 | Docket: 1324640

Cited 5 times | Published

Ann. § 13-4021(B) (West Supp.1998); Ga.Code Ann. § 17-10-60 (1997); Ky.Rev. Stat. Ann. § 431.213 (Michie

Curtis Echols v. A.G. Thomas

33 F.3d 1277, 1994 U.S. App. LEXIS 25938, 1994 WL 508257

Court of Appeals for the Eleventh Circuit | Filed: Sep 19, 1994 | Docket: 1037032

Cited 5 times | Published

Sentence Review Panel. See O.C.G.A. § 17-10-6 (Michie 1990). Echols subsequently sought

Alexander v. Secretary, Dept. of Corrections

523 F.3d 1291, 2008 WL 926137

Court of Appeals for the Eleventh Circuit | Filed: Mar 3, 2008 | Docket: 399084

Cited 4 times | Published

3d at 1204. The Georgia procedure in O.C.G.A. § 17-10-6, which was separate from the direct appeal and

Roe v. Mobile Cty. Appointing Board

52 F.3d 300, 1995 U.S. App. LEXIS 9574, 1995 WL 241895

Court of Appeals for the Eleventh Circuit | Filed: Apr 26, 1995 | Docket: 2033662

Cited 4 times | Published

REQUIREMENTS OF ALABAMA LAW, SPECIFICALLY ALABAMA CODE SECTION 17-10-7, TO BE LEGAL BALLOTS DUE TO BE COUNTED IN

Daniel Anthony Lucas v. Warden, Georgia Diagnostic and Classification Prison

771 F.3d 785, 2014 U.S. App. LEXIS 21467, 2014 WL 5840138

Court of Appeals for the Eleventh Circuit | Filed: Nov 12, 2014 | Docket: 2595665

Cited 3 times | Published

and a kidnapping with bodily injury, O.C.G.A. § 17-10-30(b)(2), and that it was outrageously or wantonly

Jones v. GDCP Warden

753 F.3d 1171, 2014 WL 2957433

Court of Appeals for the Eleventh Circuit | Filed: Apr 24, 2014 | Docket: 65660564

Cited 3 times | Published

an aggravated battery to the victim,” see id. § 17-10-30(b)(7) — and sentenced Jones to death. See Jones

Davis v. Barrow

540 F.3d 1323, 2008 U.S. App. LEXIS 18154, 2008 WL 3891473

Court of Appeals for the Eleventh Circuit | Filed: Aug 25, 2008 | Docket: 1633830

Cited 2 times | Published

his sentence, filed pursuant to Ga. Code Ann. § 17-10-1(f), did not raise any legal arguments or otherwise

Alexander v. Secretary, Dept. of Corrections

523 F.3d 1291, 2008 U.S. App. LEXIS 7416, 2008 WL 926137

Court of Appeals for the Eleventh Circuit | Filed: Apr 8, 2008 | Docket: 1615580

Cited 2 times | Published

3d at 1204. The Georgia procedure in O.C.G.A. § 17-10-6, which was separate from the direct appeal and

Roe v. Alabama ex rel. Evans

43 F.3d 574, 1995 U.S. App. LEXIS 158

Court of Appeals for the Eleventh Circuit | Filed: Jan 4, 1995 | Docket: 64019444

Cited 2 times | Published

years of age or older.’ ” Ala.Code § 17-10-7 (1980).1 Section 17-10-9 of the code prescribes the physical

Ledford v. Commissioner, Georgia Department of Corrections

856 F.3d 1312, 2017 U.S. App. LEXIS 8554, 2017 WL 2104682

Court of Appeals for the Eleventh Circuit | Filed: May 15, 2017 | Docket: 6061894

Cited 1 times | Published

injection as its method of execution. O.C.G.A. § 17-10-38(a) (stating “[a]ll persons who have been convicted

Brian Keith Terrell v. GDCP Warden

744 F.3d 1255, 2014 WL 930862, 2014 U.S. App. LEXIS 4497

Court of Appeals for the Eleventh Circuit | Filed: Mar 11, 2014 | Docket: 146325

Cited 1 times | Published

Filed: 03/11/2014 Page: 6 of 33 O.C.G.A. § 17-10-30(b)(2), (7) (1998). The trial court accepted

Conner v. Hall

645 F.3d 1277, 2011 U.S. App. LEXIS 13793, 2011 WL 2651095

Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 2011 | Docket: 577739

Cited 1 times | Published

battery to the victim.” See O.C.G.A. § 17-10-30(b)(7). B. DIRECT APPEAL Conner appealed

Conner v. Hall

645 F.3d 1277, 2011 U.S. App. LEXIS 13793, 2011 WL 2651095

Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 2011 | Docket: 577739

Cited 1 times | Published

battery to the victim.” See O.C.G.A. § 17-10-30(b)(7). B. DIRECT APPEAL Conner appealed

In Re: Robert Dale Conklin

416 F.3d 1281

Court of Appeals for the Eleventh Circuit | Filed: Jul 13, 2005 | Docket: 398367

Cited 1 times | Published

aggravating circumstance under Georgia law. Ga.Code Ann. § 17-10-30(b)(7) 3 Filed

Roe v. State of Alabama

68 F.3d 404

Court of Appeals for the Eleventh Circuit | Filed: Oct 13, 1995 | Docket: 1320184

Cited 1 times | Published

ballots") that do not conform to Ala. Code § 17-10-7 in that they were not enclosed in an envelope

Williams v. Williams

120 So. 2d 202, 1960 Fla. App. LEXIS 2521

District Court of Appeal of Florida | Filed: May 9, 1960 | Docket: 60194817

Cited 1 times | Published

Ed. 1957); 1 Adkins, Florida Real Estate Law, § 17.10 (1959). See Snow v. Arnold, 132 Fla. 435, 181 So

United States v. B'Quan Ferguson

Court of Appeals for the Eleventh Circuit | Filed: Apr 30, 2024 | Docket: 68318609

Published

Argued: Mar 7, 2024

(deﬁning “intentional physical harm” in O.C.G.A § 17- 10-6.2(c)(1)(D), a sexual assault statute). In

Demarcus Sears v. Warden GDCP

Court of Appeals for the Eleventh Circuit | Filed: Jul 19, 2023 | Docket: 67620045

Published

on an aggravating factor under O.C.G.A. § 17-10-30(b)(7); (5) whether Sears’s trial counsel

Michael Wade Nance v. Commissioner, Georgia Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Jan 30, 2023 | Docket: 66771401

Published

permit- ted under Georgia law, GA. CODE § 17-10-38(a), does not prevent Nance from proposing

Willie James Pye v. Warden, Georgia Diagnostic Prison

Court of Appeals for the Eleventh Circuit | Filed: Oct 4, 2022 | Docket: 65398568

Published

voted against the death penalty. See O.C.G.A. § 17-10-31(c). USCA11 Case: 18-12147 Date Filed:

Michael Nance v. Commissioner, Georgia Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Dec 2, 2020 | Docket: 18708277

Published

of execution under Georgia law. See Ga. Code § 17-10-38(a). To be sure, the Supreme Court has permitted

Jonathan Huey Lawrence v. State of Florida

Supreme Court of Florida | Filed: Oct 29, 2020 | Docket: 18584683

Published

176, 250 (Ala. Crim. App. 2013); Ga. Code Ann. § 17-10-35(c)(3) (West 2020); Willis v. State, 820 S.E

William Emmett LeCroy, Jr. v. United States

Court of Appeals for the Eleventh Circuit | Filed: Sep 16, 2020 | Docket: 18444853

Published

LeCroy contends, incorporates Ga. Code Ann. § 17-10-41, which states that “the convicted person may

David Scott Franks v. GDCP Warden

Court of Appeals for the Eleventh Circuit | Filed: Sep 16, 2020 | Docket: 18445352

Published

aggravated battery of Brian Wilson, Ga. Code Ann. § 17-10-30(b)(2); (2) the murder of Debbie Wilson was committed

Virgil Delano Presnell v. Warden

Court of Appeals for the Eleventh Circuit | Filed: Sep 16, 2020 | Docket: 18445758

Published

and belittled 35 O.C.G.A. § 17-10-30(b)(2). This subsection authorizes a jury to

Richard L Sealey v. Warden GDCP.

Court of Appeals for the Eleventh Circuit | Filed: Mar 31, 2020 | Docket: 17029519

Published

Sealey, 593 S.E.2d at 336–37 (citing Ga. Code Ann. § 17-10-30(b)(2), (4), and (7)). The trial court imposed

Lawrence Jefferson v. GDCP Warden

Court of Appeals for the Eleventh Circuit | Filed: Oct 17, 2019 | Docket: 16346716

Published

capital felony (i.e., armed robbery), Ga. Code Ann. § 17-10-30(b)(2) (1986); and that the offense of murder

Ledford v. Commissioner, Georgia Department of Corrections

856 F.3d 1327, 2017 WL 2152589, 2017 U.S. App. LEXIS 8610

Court of Appeals for the Eleventh Circuit | Filed: May 16, 2017 | Docket: 6062356

Published

injection as its method of execution. O.C.G.A. § 17-10-38(a) (stating “[a]ll persons who have been convicted

Brandon Jones v. GDCP Warden

815 F.3d 689, 2016 U.S. App. LEXIS 1414, 2016 WL 618639

Court of Appeals for the Eleventh Circuit | Filed: Jan 28, 2016 | Docket: 3032484

Published

proven beyond a reasonable doubt. See Ga.Code Ann. § 17-10-30(c) (1997). In Jones’s second sentencing trial

Brandon Jones v. GDCP Warden

Court of Appeals for the Eleventh Circuit | Filed: Jan 28, 2016 | Docket: 3032029

Published

proven beyond a reasonable doubt. See Ga. Code Ann. § 17-10-30(c) (1997). In Jones’s second sentencing trial

Kelly Renee Gissendaner v. Commissioner, Georgia Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Jul 24, 2015 | Docket: 2899967

Published

from February 25 to March 4, 2015. See Ga. Code § 17-10- 40(b). The original execution date was set for

Kelly Renee Gissendaner v. Commissioner, Georgia Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Jul 24, 2015 | Docket: 2899967

Published

from February 25 to March 4, 2015. See Ga. Code § 17-10- 40(b). The original execution date was set for

Brandon Astor Jones v. GDCP Warden

Court of Appeals for the Eleventh Circuit | Filed: Mar 20, 2014 | Docket: 2902183

Published

armed robbery and burglary, see Ga. Code Ann. § 17-10-30(b)(2), and that the murder was “outrageously

Brandon Astor Jones v. GDCP Warden

Court of Appeals for the Eleventh Circuit | Filed: Mar 20, 2014 | Docket: 155527

Published

armed robbery and burglary, see Ga. Code Ann. § 17-10-30(b)(2), and that the murder was “outrageously

Kelly Renee Gissendaner v. Kathy Seaboldt, Warden, Metro State Prison

Court of Appeals for the Eleventh Circuit | Filed: Nov 19, 2013 | Docket: 18340

Published

Owen, to commit the murder. See Ga. Code Ann. § 17- 10-30(b)(2), (6) (1998). Gissendaner’s conviction

Cargill v. State

121 So. 3d 1157, 2013 WL 5269977, 2013 Fla. App. LEXIS 14868

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60234349

Published

Michael E. Allen, Florida Criminal Procedure, § 17:10 (2011). The standard governing a claim that the

Robert Wayne Holsey v. Warden, Georgia Diagonstic Prison

Court of Appeals for the Eleventh Circuit | Filed: Sep 13, 2012 | Docket: 2904014

Published

performance of his official duties,” see Ga. Code Ann. § 17-10-30(b)(8); (2) “Holsey shot and killed Will Robinson

Conner v. Hall

Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 2011 | Docket: 578142

Published

aggravated battery to the victim.” See O.C.G.A. § 17-10- 30(b)(7). B. DIRECT

Eric Lynn Ferrell v. Hilton Hall

Court of Appeals for the Eleventh Circuit | Filed: May 13, 2011 | Docket: 1430687

Published

commission of the offense of murder, Ga. Code Ann. § 17-10-30(b)(2); then, the I am not ridiculing

Eric Lynn Ferrell v. Hilton Hall

Court of Appeals for the Eleventh Circuit | Filed: May 13, 2011 | Docket: 2906408

Published

commission of the offense of murder, Ga. Code Ann. § 17-10-30(b)(2); then, the I am not ridiculing

Alexander v. Secretary, Department of Corrections

518 F.3d 878, 2008 U.S. App. LEXIS 4489, 2008 WL 553194

Court of Appeals for the Eleventh Circuit | Filed: Mar 3, 2008 | Docket: 65658675

Published

3d at 1204. The Georgia procedure in O.C.G.A. § 17-10-6, which was separate from the direct appeal and

Alexander v. Secretary, Department of Corrections

523 F.3d 1291

Court of Appeals for the Eleventh Circuit | Filed: Dec 21, 2007 | Docket: 399051

Published

3d at 1204. The Georgia procedure in O.C.G.A. § 17-10-6, which was separate from the direct appeal and

Alexander v. Secretary, Department of Corrections

510 F.3d 1362, 2007 U.S. App. LEXIS 29528, 2007 WL 4462196

Court of Appeals for the Eleventh Circuit | Filed: Dec 21, 2007 | Docket: 65658595

Published

3d at 1204. The Georgia procedure in O.C.G.A. § 17-10-6, which was separate from the direct appeal and

Willie Santonio Manders v. Thurman Lee

338 F.3d 1304

Court of Appeals for the Eleventh Circuit | Filed: Mar 14, 2002 | Docket: 564363

Published

county jail in certain circumstances. O.C.G.A. § 17-10-l(a)(3)(A). No sheriffs approval is required. Fourth

United States v. Geronimo Ayala-Gomez

255 F.3d 1314

Court of Appeals for the Eleventh Circuit | Filed: Jul 5, 2001 | Docket: 75877

Published

5 from prison time. See O.C.G.A. § 17-10-1(a)(1) (Lexis Supp. 2000) (“The judge imposing

United States v. Geronimo Ayala-Gomez

255 F.3d 1314, 2001 U.S. App. LEXIS 15061

Court of Appeals for the Eleventh Circuit | Filed: Jul 5, 2001 | Docket: 196092

Published

excuse a defendant from prison time. See O.C.G.A. § 17-10- 1(a)(1) (Lexis Supp.2000) ("The judge imposing

Larry Romine v. Frederick J. Head

253 F.3d 1349, 2001 U.S. App. LEXIS 14245

Court of Appeals for the Eleventh Circuit | Filed: Jun 15, 2001 | Docket: 396786

Published

no rebuttal argument. See O.C.G.A. § 17-10-2; Beck v. State, 254 Ga. 51, 326 S

Larry Romine v. Frederick J. Head

253 F.3d 1349

Court of Appeals for the Eleventh Circuit | Filed: Jun 15, 2001 | Docket: 196058

Published

There was to be no rebuttal argument. See O.C.G.A. § 17-10-2; Beck v. State, 326 S.E.2d 465, 469 (Ga. 1985)

Robert C. Touchston v. Michael McDermott

234 F.3d 1133, 2000 WL 1781942

Court of Appeals for the Eleventh Circuit | Filed: Dec 6, 2000 | Docket: 396313

Published

of age or older.” Id. at 577, (citing Ala.Code § 17-10-7 (1980)). During a general election held on November

Gilreath v. Head

Court of Appeals for the Eleventh Circuit | Filed: Dec 1, 2000 | Docket: 212539

Published

wantonly vile, horrible, and inhuman. See O.C.G.A. § 17-10- 30(b)(7). The State also alleged that the murder

Gilreath v. Head

Court of Appeals for the Eleventh Circuit | Filed: Dec 1, 2000 | Docket: 212560

Published

wantonly vile, horrible, and inhuman. See O.C.G.A. § 17-10-30(b)(7). The State also alleged that the murder

Willis Metheny v. Garfield Hammonds, Jr.

216 F.3d 1307

Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 2000 | Docket: 212420

Published

under Georgia’s recidivist statute, O.C.G.A. § 17- 10-7(c), brought a section 1983 suit alleging that

Willis Metheny v. Garfield Hammonds, Jr.

216 F.3d 1307, 2000 U.S. App. LEXIS 15707

Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 2000 | Docket: 1118792

Published

sentenced under Georgia's recidivist statute, O.C.G.A. § 17-10-7(c), brought a section 1983 suit alleging that

High v. Turpin

209 F.3d 1257

Court of Appeals for the Eleventh Circuit | Filed: Apr 19, 2000 | Docket: 75394

Published

aggravated battery to the victim.” See O.C.G.A.. § 17-10-30(b)(7). The Georgia Supreme Court, on direct

High v. Turpin

209 F.3d 1257, 2000 U.S. App. LEXIS 7022, 2000 WL 430099

Court of Appeals for the Eleventh Circuit | Filed: Apr 19, 2000 | Docket: 925446

Published

battery to the victim.” See O.C.G.A. § 17-10—30(b)(7). The Georgia Supreme Court, on direct

Mincey v. Turpin

206 F.3d 1106

Court of Appeals for the Eleventh Circuit | Filed: Mar 16, 2000 | Docket: 1136497

Published

effective on August 25, 1980. See Ga. Code Ann. § 17-10-36 (1997); Smith v. Zant, 887 F.2d 1407, 1415 n

Mincey v. Turpin

206 F.3d 1106, 54 Fed. R. Serv. 33, 2000 U.S. App. LEXIS 4092, 2000 WL 282443

Court of Appeals for the Eleventh Circuit | Filed: Mar 16, 2000 | Docket: 1136805

Published

Georgia’s unified appeal procedure, Ga.Code Ann. § 17-10-36, Min-cey appealed his convictions and death

United States v. Battle

173 F.3d 1343

Court of Appeals for the Eleventh Circuit | Filed: Apr 28, 1999 | Docket: 2037320

Published

mode of execution is electrocution. See O.C.G.A. § 17-10-38(a). This provision is a constitutional

Roe v. State of Alabama

68 F.3d 404, 1995 U.S. App. LEXIS 28282

Court of Appeals for the Eleventh Circuit | Filed: Oct 13, 1995 | Docket: 418831

Published

“contested ballots”)-that do not conform to Ala.Code § 17-10-7 in that they were not enclosed in an envelope

Roe v. Mobile Cty. Appointing Board

52 F.3d 300

Court of Appeals for the Eleventh Circuit | Filed: Apr 26, 1995 | Docket: 210451

Published

1 older.' " Ala.Code § 17-10-7 (1980). Section 17-10-9 of the code prescribes the physical

Ford ex rel. Ford v. Wainwright

752 F.2d 526

Court of Appeals for the Eleventh Circuit | Filed: Jan 17, 1985 | Docket: 66203634

Published

(1980); Fla.Stats. § 922.07 (1983); Ga.Code Ann. § 17-10-60 et seq. (1982); Ill.Rev.Stat. ch. 38, § 1005-2-3

Heinlein v. Metropolitan Dade County

239 So. 2d 635, 1970 Fla. App. LEXIS 7081

District Court of Appeal of Florida | Filed: Oct 6, 1970 | Docket: 64516702

Published

* (Emphasis supplied) The pertinent part of Section 17-10, Metropolitan Code provides: “ * * * In the

State v. Pepper

155 So. 2d 383, 1963 Fla. App. LEXIS 3389

District Court of Appeal of Florida | Filed: Jul 9, 1963 | Docket: 60213958

Published

Practice Before Trial, PreTrial Conference, p. 500, § 17.10; p. 511, § 17.24 . F.S. Section 466.14, F.S.A

Leeds v. City of Miami

122 So. 2d 474, 1960 Fla. LEXIS 2282

Supreme Court of Florida | Filed: Jun 22, 1960 | Docket: 60195454

Published

Treatise on Workmen’s Compensation Law, at Section 17.10, points out the reason for extending the scope