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Thread: Demarcus Ali Sears - Georgia Death Row

  1. #1
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    Demarcus Ali Sears - Georgia Death Row




    Facts of the Crime:

    Was sentenced to death in September 1993 in Cobb County. He and Phillip Williams kidnapped Gloria Ann Wilbur, 59, on Ocober 7, 1990, and then robbed, raped, stabbed and beat her with brass knuckles over a four-hour period. Mr. Williams was sentenced to two life sentences in May 1991.

  2. #2
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    On June 25, 2010, Sears filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/geo...v01983/167814/

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    No. 09-8854 *** CAPITAL CASE ***
    Title:
    Demarcus Ali Sears, Petitioner
    v.
    Stephen Upton, Warden
    Docketed: January 29, 2010
    Linked with 09A590
    Lower Ct: Supreme Court of Georgia
    Case Nos.: (S08E1253)
    Decision Date: September 28, 2009

    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    Dec 15 2009 Application (09A590) to extend the time to file a petition for a writ of certiorari from December 27, 2009 to January 27, 2010, submitted to Justice Thomas.
    Dec 24 2009 Application (09A590) granted by Justice Thomas extending the time to file until January 27, 2010.
    Jan 26 2010 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 1, 2010)
    Feb 18 2010 Brief of respondent Stephen Upton, Warden in opposition filed.
    Feb 26 2010 Reply of petitioner Demarcus Ali Sears filed.
    Mar 4 2010 DISTRIBUTED for Conference of March 19, 2010.
    Mar 17 2010 Record Requested .
    Mar 29 2010 Record received from the Supreme Court of Georgia and the Superior Court of Butts County State of Georgia (1 box).
    Apr 1 2010 DISTRIBUTED for Conference of April 16, 2010.
    Apr 8 2010 Record received from Butts County Superior Court State of Georgia (Transcripts of trial, 2 boxes).
    Apr 15 2010 DISTRIBUTED for Conference of April 30, 2010.
    May 10 2010 DISTRIBUTED for Conference of May 13, 2010.
    May 17 2010 DISTRIBUTED for Conference of May 20, 2010.
    May 24 2010 DISTRIBUTED for Conference of May 27, 2010.
    Jun 1 2010 DISTRIBUTED for Conference of June 3, 2010.
    Jun 7 2010 DISTRIBUTED for Conference of June 10, 2010.
    Jun 14 2010 DISTRIBUTED for Conference of June 17, 2010.
    Jun 21 2010 DISTRIBUTED for Conference of June 24, 2010.
    Jun 24 2010 DISTRIBUTED for Conference of June 28, 2010.
    Jun 29 2010 Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED Justice Scalia filed a
    dissenting opinion joined by Justice Thomas. The Chief Justice and Justice Alito would deny the petition for a writ of certiorari. Opinion per curiam.
    (Detached Opinion)
    Aug 2 2010 MANDATE ISSUED.
    Aug 3 2010 Record returned to Supreme Court of Georgia.
    Aug 3 2010 Record returned to Butts County Superior Court.

    http://www.supremecourt.gov/Search.a...es/09-8854.htm

  4. #4
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    In today's United States Supreme Court orders, Sears' petition for writ of certiorari and motion for leave to proceed in forma pauperis was DENIED on state habeas appeal.

    Lower Ct: Supreme Court of Georgia
    Case Nos.: (S13A0670)
    Decision Date: November 18, 2013

    http://www.supremecourt.gov/Search.a...es/13-8725.htm

  5. #5
    Administrator Moh's Avatar
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    On May 23, 2018, Sears' habeas petition was DENIED by US District Court Judge William Duffey (G.W. Bush).

    https://docs.justia.com/cases/federa...1983/167814/73

  6. #6
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    On October 14, 2020, oral arguments will be heard on Sears’ appeal before the Eleventh Circuit.

    https://www.ca11.uscourts.gov/sites/...DP%29Sears.pdf

  7. #7
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    Oral arguments will now be heard on December 18, 2020.

    https://www.ca11.uscourts.gov/sites/..._Revision1.pdf

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