235 S.E.2d 519 (Ga. 1977), 32138, Moore v. State

Docket Nº:32138.
Citation:235 S.E.2d 519, 239 Ga. 67
Opinion Judge:UNDERCOFLER, Presiding Justice.
Party Name:William Neal MOORE v. The STATE.
Attorney:[239 Ga. 68] Pierce & House, Hinton R. Pierce, Augusta, for appellant. H. Reginald Thompson, Dist. Atty., Swainsboro, Arthur K. Bolton, Atty. Gen., Atlanta, for appellee.
Case Date:May 13, 1977
Court:Supreme Court of Georgia

Page 519

235 S.E.2d 519 (Ga. 1977)

239 Ga. 67

William Neal MOORE

v.

The STATE.

No. 32138.

Supreme Court of Georgia.

May 13, 1977

Rehearing Denied May 26, 1977.

[239 Ga. 68] Pierce & House, Hinton R. Pierce, Augusta, for appellant.

H. Reginald Thompson, Dist. Atty., Swainsboro, Arthur K. Bolton, Atty. Gen., Atlanta, for appellee.

UNDERCOFLER, Presiding Justice.

Appellant was sentenced to death on July 17, 1974, following guilty pleas to charges of murder and armed robbery. This court affirmed. Moore v. State, 233 Ga. 861, 213 S.E.2d 829 (1975), cert. denied 428 U.S. 910, 96 S.Ct. 3222, 49 L.Ed.2d 1218 (1976).

This appeal is from the denial of a petition and motion to grant appellant a new trial on the issue of sentence by virtue of the court's general equitable powers and authority to enter declaratory judgments. Appellant argues that at the time of his death sentence the trial judge may not have imposed it except for a mistaken belief that such sentence would never be upheld by the U.S. Supreme Court. We affirm. Petitions and motions of the nature presented here are not maintainable.

"Our existing post conviction relief procedures are available to provide justice." Ross v. State, 238 Ga. 445, 233 S.E.2d 381 (1977); Smith v. State, 238 Ga. 655, 235 S.E.2d 375 (1977).

Ancillary to the case under review appellant has filed in this court a motion to order the trial court to hold a hearing to determine whether or not the trial judge imposed the death sentence, at least in part, on the basis of information which the appellant had no opportunity to deny or explain. See Gardner v. Florida, 430 U.S. 349, 97 S.Ct. 1197...

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5 practice notes
  • 824 F.2d 847 (11th Cir. 1987), 84-8423, Moore v. Kemp
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eleventh Circuit
    • July 27, 1987
    ...thereafter moved the Superior Court of Jefferson County for a new sentencing proceeding. The court denied his motion. See Moore v. State, 239 Ga. 67, 235 S.E.2d 519, cert. denied, 434 U.S. 878, 98 S.Ct. 232, 54 L.Ed.2d 159 (1977). 4 In early 1978, Moore petitioned the Superior Court of Tatt......
  • 885 F.2d 1497 (11th Cir. 1989), 84-8423, Moore v. Zant
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eleventh Circuit
    • September 28, 1989
    ...County for a new sentencing proceeding. The court denied his motion, and the Supreme Court of Georgia affirmed. See Moore v. State, 239 Ga. 67, 235 S.E.2d 519 (1977). A petition for a writ of certiorari was denied by the Supreme Court in Moore v. Georgia, 434 U.S. 878, 98 S.Ct. 232, 54 L.Ed......
  • 716 F.2d 1511 (11th Cir. 1983), 81-7418, Moore v. Balkcom
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eleventh Circuit
    • September 30, 1983
    ...state court seeking a new sentencing Page 1515 proceeding. The court denied relief and the Georgia Supreme Court affirmed. Moore v. State, 239 Ga. 67, 235 S.E.2d 519 (1977). The United States Supreme Court denied certiorari. Moore v. Georgia, 434 U.S. 878, 98 S.Ct. 232, 54 L.Ed.2d 159 (1977......
  • 513 F.Supp. 772 (S.D.Ga. 1981), CV480-251, Blake v. Zant
    • United States
    • Federal Cases United States District Courts 11th Circuit
    • April 29, 1981
    ...Court seeking a new sentencing proceeding. Relief was denied and that denial affirmed by the Georgia Supreme Court. Moore v. State, 239 Ga. 67, 235 S.E.2d 519 (1977). Petition for writ of certiorari to review this determination was likewise rejected by the United States Supreme Court. 434 U......
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5 cases
  • 824 F.2d 847 (11th Cir. 1987), 84-8423, Moore v. Kemp
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eleventh Circuit
    • July 27, 1987
    ...thereafter moved the Superior Court of Jefferson County for a new sentencing proceeding. The court denied his motion. See Moore v. State, 239 Ga. 67, 235 S.E.2d 519, cert. denied, 434 U.S. 878, 98 S.Ct. 232, 54 L.Ed.2d 159 (1977). 4 In early 1978, Moore petitioned the Superior Court of Tatt......
  • 885 F.2d 1497 (11th Cir. 1989), 84-8423, Moore v. Zant
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eleventh Circuit
    • September 28, 1989
    ...County for a new sentencing proceeding. The court denied his motion, and the Supreme Court of Georgia affirmed. See Moore v. State, 239 Ga. 67, 235 S.E.2d 519 (1977). A petition for a writ of certiorari was denied by the Supreme Court in Moore v. Georgia, 434 U.S. 878, 98 S.Ct. 232, 54 L.Ed......
  • 716 F.2d 1511 (11th Cir. 1983), 81-7418, Moore v. Balkcom
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eleventh Circuit
    • September 30, 1983
    ...state court seeking a new sentencing Page 1515 proceeding. The court denied relief and the Georgia Supreme Court affirmed. Moore v. State, 239 Ga. 67, 235 S.E.2d 519 (1977). The United States Supreme Court denied certiorari. Moore v. Georgia, 434 U.S. 878, 98 S.Ct. 232, 54 L.Ed.2d 159 (1977......
  • 513 F.Supp. 772 (S.D.Ga. 1981), CV480-251, Blake v. Zant
    • United States
    • Federal Cases United States District Courts 11th Circuit
    • April 29, 1981
    ...Court seeking a new sentencing proceeding. Relief was denied and that denial affirmed by the Georgia Supreme Court. Moore v. State, 239 Ga. 67, 235 S.E.2d 519 (1977). Petition for writ of certiorari to review this determination was likewise rejected by the United States Supreme Court. 434 U......
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