The State of Georgia v. Still
| The State of Georgia |
| Shawn Micah Tresher Still |
| 1:2023cv03792 |
| August 24, 2023 |
| U.S. District Court for the Northern District of Georgia |
| Steve C Jones |
| Civil Rights: Voting |
| 28 U.S.C. § 1442 Petition for Removal - Suit against Federal Officer |
| None |
Docket Report
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This docket was last retrieved on October 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 42 NOTICE TO COURT regarding RECLAMATION AND DISPOSITION OF UNCLAIMED EXHIBITS pursuant to Local Rule 79.1D(2) filed by Shawn Micah Tresher Still Re: #39 Exhibits,. Exhibits to be Destroyed.. (Bever, Thomas) |
| Filing 41 USCA Acknowledgment of #34 Notice of Appeal filed by Shawn Micah Tresher Still. Case Appealed to USCA- 11th Circuit. Case Number 23-13361-D. (pjm) |
| Filing 40 NOTICE TO COUNSEL OF RECORD for Defendant regarding RECLAMATION AND DISPOSITION OF UNCLAIMED Documentary EXHIBITS pursuant to Local Rule 79.1D. Re: #39 Exhibits. (dnb) |
| Filing 38 TRANSCRIPT ORDER FORM (All necessary transcript(s) already on file) re: #34 Notice of Appeal. Fed.R.App.P. 11 Certification due on 10/24/2023. (pjm) |
| Filing 37 DOCUMENT FILED IN ERROR NOTICE Of Filing by Shawn Micah Tresher Still re: #34 Notice of Appeal Eleventh Circuit Transcript Order Form (Bever, Thomas) Modified on 10/10/2023 (pjm). |
| Notification of Docket Correction re: #37 Notice of Filing of TOF. This document was filed under the incorrect event. Document has been refiled at #38 . (pjm) |
| Filing 36 Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Order and Docket Sheet to US Court of Appeals re: #34 Notice of Appeal. (pjm) |
| Filing 35 USCA Appeal Transmission Letter to USCA- 11th Circuit re: #34 Notice of Appeal filed by Shawn Micah Tresher Still. (pjm) |
| Filing 34 NOTICE OF APPEAL as to #31 Order,,, by Shawn Micah Tresher Still. Filing fee $ 505, receipt number AGANDC-12935005. Transcript Order Form due on 10/20/2023 (Bever, Thomas) |
| Filing 39 Defendants' EXHIBITS admitted and retained at the #24 Evidentiary Hearing, have been received from Courtroom Deputy and placed in the custody of the Records Clerks. (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(dnb) (Additional attachment(s) added on 10/19/2023: #7 Exhibit D-1 Pg. 13, 33, 56, 62, #8 Exhibit D-3 Pg. 7-9) (cah). |
| Filing 33 Case electronically remanded to Superior Court of Fulton County, Georgia. (Envelope #13278475 has been submitted successfully.) (rsg) |
| Filing 32 Remand Letter to Superior Court of Fulton County. (rsg) |
Filing 31
ORDER REMANDING the State's criminal prosecution of Shawn Micah Tresher Still under Section 1455 to Fulton County Superior Court. In the light of these holdings, the Court DIRECTS the Clerk of Court to CLOSE this case. The Court's conclusion is not to suggest any opinion about the State's case against Still. The Court makes no ruling on the merits of the charges against Still or any defense that he may offer. Still maintains the presumption of innocence and bears no burden of proving that he did not commit the crimes charged against him. The burden of proof beyond a reasonable doubt remains with the State. This Order's sole determination is that there is no federal jurisdiction over the criminal case. The outcome of this case will be for a Fulton County judge and trier of fact to ultimately decide. Signed by Judge Steve C. Jones on 9/29/23. (rsg)
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| Civil Case Terminated. (rsg) |
| Filing 30 Amended (per #29 Order) Defendants' Exhibit List from 9/20/2023 evidentiary hearing #24 . (pdw) |
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Filing 29
ORDER regarding the Defendants' Exhibits 4 and 5 tendered at the coordinated hearing on September 20, 2023. The State does not object to Defendant's Exhibit 4. Accordingly, Defendant's Exhibit 4 is ADMITTED. The Court ADMITS Defendant's Exhibit 5 over the State's Objections. Signed by Judge Steve C. Jones on 09/21/2023. (ddm)
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| Filing 28 TRANSCRIPT of an evidentiary hearing held on 9/20/2023, before Judge Steve C. Jones. Court Reporter/Transcriber Diane Peede, Diane_Peede@GAND.uscourts.gov. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/12/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/20/2023. (Attachments: #1 Appendix) (dcp) |
| Filing 27 RESPONSE re #26 Response (Non-Motion) filed by The State of Georgia. (Cross, Anna) |
| Filing 26 Briefing Regarding State's Evidentiary Objections to Removal Exhibits re #25 Exhibit List filed by Shawn Micah Tresher Still. (Bever, Thomas) Modified on 9/21/2023 to edit docket text (ddm). |
| Filing 25 Exhibit List by Shawn Micah Tresher Still. (ddm) |
| Filing 24 Minute Entry for proceedings held before Judge Steve C. Jones: Evidentiary Hearing held on 9/20/2023. Oral argument heard regarding Defendants' respective Notices of Removal. Defendants' exhibits 1 and 2 admitted over objection. Defendants' exhibit 3 admitted without objection. Defendants' exhibits 4 and 5 were tendered; the Court will permit counsel for State of Georgia until noon on 9/21/2023 to review and advise the Court of any objections, after which the Court will make a determination regarding admission. (Court Reporter Dianne Peede)(ddm) |
| Filing 23 Declaration of Waiver of Right to Appear at Evidentiary Hearing filed by Shawn Micah Tresher Still. (Bever, Thomas) Modified on 9/19/2023 to edit docket text (ddm). |
| Filing 22 NOTICE of Appearance by Nathan J. Wade on behalf of The State of Georgia. (ddm) |
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Filing 21
ORDER directing that if the Defendant still wishes to waive their presence at the September 20, 2023 Coordinated Hearing, the Court ORDERS the Parties to file Declarations of Waiver that are signed by the individual defendant, not their attorneys, before 9:00 AM on SEPTEMBER 20, 2023. Signed by Judge Steve C. Jones on 09/18/2023. (ddm)
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Filing 20
ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM for counsel of record on September 20, 2023 at 9:30 a.m. Signed by Judge Steve C. Jones on 9/15/23. (rsg)
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| Filing 19 NOTICE of Appearance by Francis McDonald Wakeford, IV on behalf of The State of Georgia (Wakeford, Francis) |
| Filing 18 NOTICE by Shawn Micah Tresher Still of Waiver of Right to Appear at Evidentiary Hearing (Bever, Thomas) |
| Filing 17 OBJECTION re #8 Response (Non-Motion), Reply to State of Georgia's Response to Defendant Shawn Still's Notice of Removal by Shawn Micah Tresher Still. (Attachments: #1 Exhibit A: Hawaii Complaint, Findings of Fact, and Judgment)(Bever, Thomas) |
| Filing 16 NOTICE of Appearance by Alex Bernick on behalf of The State of Georgia (Bernick, Alex) |
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Filing 15
ORDER denying #10 Motion for Authorization for Witness to Appear and Testify by Means of Video Teleconference Technology as filed in 1:23-CV-3720-SCJ. Signed by Judge Steve C. Jones on 9/14/2023.(pdw)
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| Filing 14 NOTICE of Appearance by Daysha D'Anya Young on behalf of The State of Georgia (Young, Daysha) |
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Filing 13
ORDER GRANTING the #9 Motion to Consolidate Evidentiary Hearings. Accordingly, the September 18, 2023 (2:00 p.m.) hearing for the case sub judice is CANCELED. Given the overlap in arguments and evidence, and in the interest of judicial economy, a consolidated evidentiary hearing concerning the Notices of Removal for the following three cases will be held on SEPTEMBER 20, 2023 at 9:30 A.M. (Richard B. Russell Federal Building and United States Courthouse, 75 Ted Turner Drive, S.W., Atlanta, Georgia, Courtroom 1907): Georgia v. David James Shafer, Civil Action No. 1:23-cv-03720; Georgia v. Shawn Micah Tresher Still, Civil Action No. 1:23-cv-03792; and Georgia v. Cathleen Alston Latham, Civil Action No. 1:23-cv-03803. Signed by Judge Steve C. Jones on 09/11/2023. (ddm)
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| Filing 12 RESPONSE re #9 MOTION to Consolidate Evidentiary Hearings filed by The State of Georgia. (Cross, Anna) |
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Filing 11
ADMINSTRATIVE ORDER NO. 23-04: IN RE USE OF CELLULAR TELEPHONES AND ELECTRONIC DEVICES ON THE 19TH FLOOR OF THE RICHARD B. RUSSELL BUILDING ON SEPTEMBER 18 AND SEPTEMBER 20, 2023. Signed by Chief Judge Timothy C. Batten, Sr. on 9/11/2023. (bgt)
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Filing 10
ORDER directing The State of Georgia to respond, by 12:00 p.m., on September 12, 2023, to Defendant's Motion to Consolidate Evidentiary Hearings #9 . Signed by Judge Steve C. Jones on 09/11/2023. (ddm)
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| Filing 9 MOTION to Consolidate Evidentiary Hearings filed by Shawn Micah Tresher Still. (Bever, Thomas) Modified on 9/8/2023 to edit docket text (ddm). |
| Filing 8 RESPONSE re #1 Notice of Removal,, #2 Order,,, Set Deadlines/Hearings,, filed by The State of Georgia. (Attachments: #1 Exhibit Nov 20 Certification, #2 Exhibit Dec. 7 Recount Certification, #3 Exhibit Dec. 7 Certification, #4 Exhibit Fraudulent Elector Certificate, #5 Exhibit Excerpt Transcript Raffensperger)(Cross, Anna) |
| Filing 7 NOTICE of Appearance by John Earl Floyd on behalf of The State of Georgia (Floyd, John) |
| Filing 6 NOTICE of Appearance by Anna Green Cross on behalf of The State of Georgia (Cross, Anna) |
| Filing 5 Notice for Leave of Absence for the following date(s): August 28-September 4, 2023; October 11-13, 2023, by Thomas D. Bever. (Bever, Thomas) |
| Filing 4 NOTICE of Appearance by John Wooten on behalf of The State of Georgia (Wooten, John) |
| Filing 3 Notice of Leave of Absence of Counsel - Thomas D. Bever for the dates of September 4-8, 2023 and October 11-13, 2023. (Bever, Thomas) Modified on 8/28/2023 to edit docket entry (ddm). |
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Filing 2
ORDER directing that the Parties participate in an evidentiary hearing concerning the Notice of Removal of the Indictment against Shawn Micah Tresher Still on Monday, September 18, 2023, at 2:00 P.M. at the Richard B. Russell Federal Building and United States Courthouse, 75 Ted Turner Drive, S.W., Atlanta, Georgia, in Courtroom 1907. The Fulton County District Attorney's Office may submit a written response to Still's Notice of Removal no later than Tuesday, September 5, 2023. Any response submitted must not exceed 25 pages in length. In the interim, pursuant to 28 U.S.C. 1455(b)(3), proceedings may continue in the Superior Court of Fulton County, Georgia. Signed by Judge Steve C. Jones on 08/25/2023. (ddm)
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| Filing 1 NOTICE OF REMOVAL with CRIMINAL INDICTMENT filed by Shawn Micah Tresher Still. (Filing fee $402 receipt number AGANDC-12840555) (Attachments: #1 Exhibit A - 23SC188947 Indictment, #2 Exhibit B - 12.14.20 Transcript, #3 Exhibit C - 02.25.22 Transcript, #4 Civil Cover Sheet) (bgt) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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