Hittson (DEATH PEN.) v. Upton

Petitioner: Travis Clinton Hittson
Respondent: Stephen Upton
Case Number: 5:2001cv00384
Filed: September 28, 2001
Court: Georgia Middle District Court
Office: Macon Office
County: Houston
Presiding Judge: Marc Thomas Treadwell
Nature of Suit: Death Penalty
Cause of Action: 28:2254
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
November 13, 2012 104 Opinion or Order of the Court ORDER GRANTING IN PART AND DENYING IN PART re 45 Amended Petition for Writ of Habeas Corpus filed by Travis Clinton Hittson. Claims Three through Twenty in the Amended Petition for Writ of Habeas Corpus are DENIED with prejudice. The Writ of Hab eas Corpus shall issue on Claims One and Two only, and the death sentence entered in Case No. 92-C-18076-M in the Superior Court of Houston County, Georgia, is VACATED and the State of Georgia shall, within a reasonable time, decide to hold a new sen tencing hearing or impose a lesser sentence consistent with the law. A COA is issued only for Hittson's claim that his right to a fair trial and reliable sentencing, in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments to the Uni ted States Constitution, was denied due to the State's failure to disclose Vollmer's psychiatric report and Vollmer's post arrest letters. (Doc. 45 at 99-111). The effect of this Order will be automatically stayed pending resolution of any appeal taken to the Eleventh Circuit Court of Appeals. The Clerk of Court is directed to enter judgment and close the case. Ordered by Judge Marc Thomas Treadwell on 11/13/2012. (tlh)
June 30, 2011 42 Opinion or Order of the Court ORDER: Hittson has until July 11, 2011 to amend his original 28 U.S.C. Section 2254 petition to include the now-exhausted Brady claim or to notify the Court why he cannot so amend. Ordered by Judge Marc Thomas Treadwell on 6/30/2011. (tlh)
July 18, 2011 49 Opinion or Order of the Court ORDER requiring answer. Pursuant to Rule 5 of the Rules Governing Section 2254 Cases, Respondent shall file an answer in writing to the allegations of Hittson's Amended Petition. This answer is to be filed with the Clerk of this Court within 30 days of the entry of this Order. Hittson may, pursuant to Rule 5(e), file a reply to the Respondent's answer within 15 days of the date shown on Respondent's answer. Ordered by Judge Marc Thomas Treadwell on 7/18/2011. (tlh)
August 17, 2011 67 Opinion or Order of the Court SCHEDULING ORDER: Petitioner shall file a brief addressing all claims raised in his Amended Petition and all arguments relating to those claims by 11/16/2011. Respondent shall respond to the Petitioner's brief by 1/4/2012. Petitioner may file his reply by 1/19/2012. Ordered by Judge Marc Thomas Treadwell on 8/17/2011. (tlh)
October 27, 2011 78 Opinion or Order of the Court ORDER GRANTING 66 Motion to Appoint Counsel; GRANTING 68 Motion to Withdraw as Attorney. Attorney Warren Anthony Fitch and Alexander J. Lathrop terminated. Brian S. Kammer and Kirsten A. Salchow appointed to represent Hittson. Ordered by Judge Marc Thomas Treadwell on 10/27/2011. (tlh)

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Petitioner: Travis Clinton Hittson
Represented By: Warren Anthony Fitch
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Respondent: Stephen Upton
Represented By: Beth Attaway Burton
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