Premium Essay

Case Facts

In:

Submitted By danielp295
Words 1156
Pages 5
718 F. 2d 1033 - Maddox v. Montgomery

718 F.2d 1033

Jimmy MADDOX, Plaintiff-Appellant,
v.
Charles MONTGOMERY, Warden, Georgia State Prison, Defendant-Appellee.
No. 83-8160
United States Court of Appeals,
Eleventh Circuit.
Nov. 3, 1983.
E. Kontz Bennett, Jr., Waycross, Ga., Maureen A. Cahill, Athens, Ga., for plaintiff-appellant.
Janice G. Hildenbrand, Asst. Atty. Gen., Atlanta, Ga., for defendant-appellee.
Appeal from the United States District Court for the Middle District of Georgia.
Before FAY, VANCE and KRAVITCH, Circuit Judges.
PER CURIAM:
Appellant Jimmy Maddox was convicted of rape in a Georgia state court and sentenced to life imprisonment. At the trial, appellant and the alleged victim, Kathy Elder, gave radically different accounts of the events in question. Elder testified that on a number of occasions prior to the alleged rape, appellant had approached her purportedly seeking to sell her an insurance policy. On the morning in question, while Elder was dressing her two sons, appellant appeared at her apartment and again asked whether she wanted the insurance. After explaining that she had discovered that she could get insurance at work, Elder went into the bedroom to retrieve coats for the boys. Elder testified that appellant followed her into the room and forcibly raped her on the bed. Another witness for the prosecution, Debbie Phillips, testified that she had once taken out insurance with appellant, but had dropped it after he had come to her home on a Saturday night. Appellant testified that he and Elder had had voluntary sexual relations on several occasions prior to the alleged rape and that Elder had consented to their sexual relations on the morning in question.
Having unsuccessfully pursued his direct appeal and the state post-conviction remedy, appellant filed a federal habeas corpus petition alleging prosecutorial suppression

Similar Documents

Free Essay

Micro Enhancement Case Summary

...App. 2002) Facts of the Case: Micro Enhancement International (MEI) was a software development company that was on the about to have an IPO. They hired Coopers and Lybrand as the auditor. The IPO for MEI was delayed because Coopers and Lybrand were resisting some of MEI’s recognized revenue and were threating to add a “going concern” to the audit. In the end Coopers and Lybrand allowed MEI to recognize the revenue and took away the “going concern” qualification. By the time the issue was settled MEI had lost the underwriter for the IPO and then went bankrupt shortly after. MEI sued Coopers and Lybrand for multiple things, but then wanted to add a breach of fiduciary duty. MEI’s CEO Staples said that, “he trusted Coopers and that Coopers had agreed to do the audit to do the Audit and to serve as MEI’s business advisor…” The judge denied this request and MEI appealed. Procedural History: The judge denied MEI’s request to add the breach of fiduciary duty so MEI appealed. Legal Issue: The issue in this case is the establishment of Cooper and Lybrand’s fiduciary duty to MEI. If this duty is established then MEI will get to add that breach, however, if not, the judge’s original ruling will be affirmed. Reasoning/Analysis: The first thing is to understand what causes a fiduciary duty. There are two types, Matter of Law (between a attorney and client, physicians and patients, partners and partnerships, and close friends/relatives) or a Matter of Fact, which means that...

Words: 484 - Pages: 2

Free Essay

Week 9 Essay

...Sarah has been an honest, humble person, which wants nothing but the best for herself and her friends. She is young and does not understand the impact that her choices effect numerous people. For example the fact that she did not leave to go home because of curfew indicates that she is thinking that it is alright for her to forego curfew and the wishes of her family. Instead she gave into the peer pressure that was administered by her new friends. There are additional factors that contribute to Sarah’s attitude and reasons why she did what she did. First it was apparent that Sarah suffered from a case of Normative social influence, which defined as a need to conform due to social pressures. Due to the fact that she was new to the school and the group that she was hanging out with did not want her to do, it made her make a choice of going to the party. Second is a combination of items, unanimous group of people, giving her response in front of everyone, and she had a high level of admiration for her new friends. The feeling of acceptance and knowing that you “fit in” with a group of people is one of the most important things for a fifteen year old female. She needs to have the reassurance that comes along with it. Finally, Sarah suffered for parts of the evening from cognitive dissonance, which is defined as is the excessive mental stress and discomfort experienced by an individual who holds two or more contradictory beliefs, ideas, or values at the same time. This is similar...

Words: 885 - Pages: 4

Free Essay

This Is Fun

...September 1, 2015 Mr. Rick Hermann 9035 Masi Drive Fair Oaks, CA 95528 Dear Mr. Hermann I noticed today that your current home listing in Fair Oaks has recently expired. My goal is to introduce myself, and tell you about Placer Hills Real Estate. We can offer you attention and services that are unmatched by other real estate companies. . I am also a Whitney Hills resident, and I primarily work in this area with buyers and sellers. As a matter of fact, I have shown your beautiful home to potential buyers. There was a lot of detail and thought put into your home. Your home has many unique features and upgrades making it an excellent value among homes currently on the market in this price range The service and experience I can offer, when helping you with your selling needs, is unmatched. Working together with you, I am confident that we can analyze your present and future goals, and help you obtain them. If you are curious as to the type of activity that has been occurring in your area, or you would like to discuss your needs and goals, I would be more than happy to come by and talk with you. Gaining your trust and confidence for the building of a solid relationship for the future is my first priority. Feel free to call me to set up an appointment if you would like a unique perspective for marketing your home from someone with thorough knowledge and experience with homes in your neighborhood. I look forward to talking with you soon. Best regards, Emma...

Words: 274 - Pages: 2

Free Essay

Societal Problems in the Philippines

...invalid. In general, students are compensating tons of bills in availing education. Mere fact, no institutions are offering low prized education and as a matter of fact, education itself is expensive. The availability of money is a factor for students to purchase education. Without money, we are always on the verge of hanging ourselves because we ought to know that money is power. In my daily life, being a student is nor hard and easy. Technically speaking, students are classified as; Responsible and irresponsible student. Responsible is when they spend money for the sake of education, for personal means, and any other positive reasons. Example paying the fare, food, and sometimes load. Those students who are irresponsible tend to spend money for their pleasure, leisure, and any other negative things that contradicts the real purpose. Education is valuable, so we really need to give value in order to avail it. Failing Grades Real students have the attitude of taking things for granted. Ever since, we only want what is top for us and we assume to get it in an easier way. But no matter how hard we try to be good, we always end up complaining though we already know that we only did what is easy did not exert effort. Many reasons are popping out due to the continuous and rampant failing of grades, such as; laziness, procrastination, time management and even consider the fact of love problems. There are even instances that students are under peer pressure that results...

Words: 414 - Pages: 2

Premium Essay

Freshmen Convocation

...Austin Alejos Ms. Garr Freshmen Convocation August 30, 2015 Freshmen Convocation Freshmen convocation was a meeting at the J. Schiedger Center for all freshmen to welcome them and talk about the university. I learned many cool new things and interesting facts. One of them was that this incoming freshmen class is the top academic class ever which is pretty cool to think since Lindenwood is the second oldest school west of the Mississippi. Another fact that I learned was that there are 815 incoming freshmen in this class and out of those there are 173 international students which is a ton. Out of those 815 freshmen, we come from 35 states and 37 countries. 518 out the 815 students have a 3.0 GPA or higher, which is 14% higher from last years’ freshmen class. Another interesting fact was that the average ACT score of the incoming freshmen is a 23.24. The President and all of the other people just talked about these facts and how proud they are of them and then the “voices only” group came on the stage and sang a couple songs for us. I learned quite a bit about the university that I did not know and was very surprised and honored to be apart of a class as high academic achieving as ours is. They also talked about all of the activities and sports they have here (which I am already on the baseball team), you can get involved in at Lindenwood and they all sounded like a lot of fun and great opportunities. I took away from that experience that this is a great and very...

Words: 301 - Pages: 2

Premium Essay

Green Eggs And Jam Analysis

...Conformity and Control, The Story of Green Eggs and Jam By: TheSarcasmLord After watching Green Eggs and Jam, many people laugh at the silly video and take it for nothing more than meaningless entertainment, but in fact it has some deep meaning. Green Eggs and Jam by Jason Gastrow is a parody and perspective shift of the classic book Green Eggs and Ham by Dr. Seuss, and can be viewed here on youtube. In Green Eggs and Jam, Gastrow takes the original concept of Green Eggs and Ham and follows the idea that in actuality Sam is fairly pushy for trying to force his opinion onto others. This aspect is not touched on in the original book, and it brings up the important point that if someone’s opinion is contrary to another person’s it should be...

Words: 1060 - Pages: 5

Free Essay

Research

...*Aspects of the topic are reviewed -the concept of writing -the nature and types of writing task -EFL student’s writing needs -The features of EFL writing tasks -EFL writing problem -the teaching of writing -a 3 unit writing course -the main problem areas in EFL writing -write notes and thesis *the link between researches -writing=>the nature, types and features of writing task=>the student’s problem in performing the task=>the main problem areas=>only a few of former studies have found actual problems=>this research is trying to point out the major difficulties. This is the "Transition words" page of the "Literature review" guide. Alternate Page for Screenreader Users Skip to Page Navigation Skip to Page Content Skip to main content * * Campus Homepage * Blackboard * Campus Directory * Campus Maps * Contact Us * Events Calendar * Email * Henry Madden Library * My Library Account * Jobs * My Fresno State * Tech Help Center * Research * Services * Collections * About * Ask Us! Admin Sign In Library » Research Guides » Literature review Literature review   PowerPoint presentation Last Updated: Dec 21, 2012 URL: http://libguides.csufresno.edu/literaturereview Print Guide RSS Updates * Literature Review Clinic * Transition words * Sample paragraphs * Search and screen * Great overview Transition words Print...

Words: 2718 - Pages: 11

Premium Essay

Unit 8

...is the ability to influence a group toward the achievement of a vision or set of goals. It can be determined that Leadership Today is not able provide this influence. In order for this company to achieve success it must change the way it is being lead. Thus, in order to this Kouzes and Posner (2010) consider that a number of 10 enduring truths about leadership will help the company or the leader to think, decide, and also to act more effectively. The first truth is about inspiring or making the leader to think that he posses skills through which he can have a positive impact on other, believe in him self and in his ability to make a difference. The next one is called “credibility is the foundation of leadership” and refers to the fact that the others need to have trust in the leader as well in order to make things flow. The third truth is called “values drive commitment” and refers to individuals wanting to know what the leader is standing for, what he believes in and what are his values. The fourth truth is about the ability to vision exciting future possibilities, take future perspectives,...

Words: 664 - Pages: 3

Premium Essay

Who I Am

...subject, Mechanical Engineering. During my junior year, I bought a 2001 6 cylinder Laser Red Ford Mustang. It was a stick shift too, so it was fun to drive on the highway switching in and out of gears and really hear the engine roar. I went with my mother and step father to the Rolex 24 since they worked for BRA Motorsports and went inside the garages for the racers and I was mesmerized by the array of sport horses as well as the components that make them up. I was always a curious soul, I just felt the need to poke my nose into things that fascinated me and I always had the urge to obtain a COMPLETE understanding of them. I would actually take some of the machines around the house and take them apart to see how they worked. As a matter of fact I always had my parents buy Legos for me to build, they were always star wars spaceships and every time I would build a ship, I modified and ultimately improved them. Put up some extra laser cannons, add and remove pieces to make it look cooler, you know kid stuff. One day...

Words: 737 - Pages: 3

Free Essay

Augustine as Mentor

...Preparing Spiritual Leaders Liberty University CHHI520- Church History Robert Olsen Edward L. Smither's book entitled Augustine as Mentor: A Model for Preparing Spiritual Leader's was a very eye-opening and very interesting read. The book itself is not just about Augustine himself as a mentor, but it's really somewhat of a user guide on some of the finer points that any leader/mentor (especially in Ministry) can use on their journey in Ministry; it's written almost like a "how to" manual. As far as how the book is written, there's ground work on mentoring in general that's laid and it mixes in some "insights" on Augustine that will be further mentioned as the book progresses. As a matter of fact, it's not until the third chapter where the story really begins on the background and history of Augustine's life and ministry. Through the first chapter, Mr. Smither really goes over the eight main characteristics of mentoring that many spiritual leaders in years past have used (Smither, 13). Those eight are the group, the mentor as disciple, selection, the mentor-disciple relationship, sound teaching, modeling and involving in ministry, releasing to ministry and resourcing leaders. From there they look at several different people who used a very similar style from those who are more "known" (such as Paul and Jesus), to those who aren't like Bishop Basil and the clergy that had he mentored. A better known way that this whole process...

Words: 1219 - Pages: 5

Free Essay

Re: Week 1 Discussion

...better to prepare for a debate on changing a local ordinance that prohibits the distribution of paper ads and salespeople coming door to door for sales. Identify the advantages, types of sources, etc., and provide answers for possible disadvantages. Hard copy sources versus Web-based sources. I personally believe that Hard copy sources are more reliable than Web-based sources for the simple fact that hard copy source information is not easily tampered with. Not many people can just up and change information when ever they want to. With Web-based information you have to be more careful because everything you find on the Internet is not necessarily true or reliable information. I argue for Hard copy source only because the information is more authentic, but I would probably use Web-based information myself just because is way more convenient than hard copy information. I argue for Web-based sources for this topic because I feel that this debate in particular is about something that is solely opinionated. I think hard copy books and newspapers etc. are for debates that are about cold hard facts. The Internet is where you will find other opinions on the situation at hand and I believe that is something that will help you in you debate about this topic. The advantage of Web-based sources in this situation is that you have more information but with Hard copy sources the information available to you is limited. A disadvantage with Web-based sources again is the authenticity of certain...

Words: 332 - Pages: 2

Premium Essay

The Hint of Love

...Q: Is it true that our struggle for independence and our .... I agree that it’s a bit too late to establish our identity when we reach early adulthood.As a matter of fact many people, start to have struggle for independence in early adolescence,during which both boys and girl would normally show a distinct or indistinct sense of rebellion, demonstrating a early mental and physical separation from the care of parents and pursuing a relative freedom on their own.It is for the first time, from where I am standing, that teenagers’ self-image and self-consciousness are awaken and activated in their life,and their basic personality and outlook and unique individuality are from then on gradually formed in the process of trying to extend their little world and explore attractions from almost every corner of life. Q: Is the excessive need for parental approval...Does it... The excessive need for parental approval doubtlessly make some contributions to detaching us from achieving independence,but what essentially signify are the unnecessary concern and overflowing sensitiveness from parents.Assuming we are reared in a family where parents’ so-called good-for-us advises are always put ahead of ours and in which seldom do we have alternatives to choose our path towards what we really what to be,how can we develop the conviction that when we grow up we will make our own choice without the permission of our parents? For certain there’s no possibility that we’ll be instantly independence as...

Words: 296 - Pages: 2

Free Essay

Useful Expression Essay

...for and against to discuss the pros and cons in theory ... in reality both... and.... not only ... but also anyway / at any rate / in any case in fact / actually / as a matter of fact up to a point so to speak by no means / not at all Comparisons compared to / in comparison with to draw / make a comparison between ...and similarly as well as Restrictions however / though nevertheless whereas although / though / even though in spite of / despite unlike in contrast to / with sth. on the contrary sth is contrary to sth Refering to with reference to regarding as regards as far as ... is concerned according to (according to is used to introduce someone else's opinion. Don't say "according to me") afin de décider si ......ou non exposer les points principaux de plus, en outre surtout discuter le pour et le contre à la fois..... et..... de toute façon en fait jusqu'à un certain point pour ainsi dire pas du tout / en aucune façon aussi bien que / de même que tandis que bien que / même si malgré à la différence de en ce qui concerne selon Emphasizing I’d like to point out that I’d like to emphasize J'aimerais faire remarquer que J'aimerais mettre l'accent sur Generalizing on the whole in general / generally speaking as a rule to some extent to a large extent / to what extent ? in many ways in all respects in most / many cases basically Giving examples for example / for instance such as / including in particular / particularly to give you an example of...

Words: 717 - Pages: 3

Premium Essay

Links and Transitions

...Giving examples: * In other words * To put it differently * For one thing * As an illustration * In this case * For this reason * To put it another way * That is to say * With attention to * By all means * Important to realize * Another key point * First thing to remember * Most compelling evidence * Must be remembered * Point often overlooked * To point out * On the positive / negative side * With this in mind * Notably * Including * Like * To be sure * Namely * Chiefly * Truly * Indeed * Certainly * Surely * Markedly * Especially * Specifically * Expressively * Surprisingly * Frequently * Significantly * In fact * In general * In particular * In detail * For example * For instance * To demonstrate * To emphasize * To repeat * To clarify * To explain * To enumerate * Such as Giving examples: * In other words * To put it differently * For one thing * As an illustration * In this case * For this reason * To put it another way * That is to say * With attention to * By all means * Important to realize * Another key point * First thing to remember * Most compelling evidence * Must be remembered * Point often overlooked * To point out * On the positive / negative side * With this in mind * Notably * Including ...

Words: 972 - Pages: 4

Premium Essay

Music

...had been stolen a reward was offered to any person giving information which would lead to the arrest of the thieves and the recovery of the property. The appellant and others claimed this reward for information given by them. Held, on appeal, that the information given by appellant led to the arrest of the thieves and the recovery of the bulk of the stolen property. Held further, that the information had been given by appellant before he had any knowledge of respondents' offer of a reward, and that, in consequence, he was not entitled to recover, as the right to recover was dependent on contractual privity. The decision of the Cape Provincial Division in Sephton and Others v The American Swiss Watch Company (1913, C.P.D. p. 1024) affirmed. Case Information Appeal from the decision of the Cape Provincial Division (HOPLEY, J.). On the 13th of March, 1913, a robbery took place at the premises of the defendant company, and jewellery to the value of £5,000 was forcibly taken. In the Press of the following day a reward was offered by defendants of £500 for information to he given to the C.I.D. by any person which would lead to the arrest of the thieves and the recovery of the stolen property. If the information led only to the recovery of a portion of the property stolen, the reward would be paid proportionately. Information reached the police from various sources; the thieves were arrested, and the bulk of the stolen property recovered. Thereupon legal proceedings were initiated by various...

Words: 3534 - Pages: 15