The State of Georgia v. Latham
| The State of Georgia |
| Cathleen Alston Latham |
| 1:2023cv03803 |
| August 25, 2023 |
| US 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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| Filing 34 USCA Acknowledgment of #29 Notice of Appeal filed by Cathleen Alston Latham. Case Appealed to USCA- 11th Circuit. Case Number 23-13362-J. (pjm) |
| Filing 33 NOTICE TO COUNSEL OF RECORD for Defendant regarding RECLAMATION AND DISPOSITION OF UNCLAIMED Documentary EXHIBITS pursuant to Local Rule 79.1D. Re: #32 Exhibits,. (dnb) |
| Filing 31 Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Order and Docket Sheet to US Court of Appeals re: #29 Notice of Appeal. (pjm) |
| Filing 30 USCA Appeal Transmission Letter to USCA- 11th Circuit re: #29 Notice of Appeal filed by Cathleen Alston Latham. (pjm) |
| Filing 29 NOTICE OF APPEAL as to #26 Order,,, by Cathleen Alston Latham. Filing fee $ 505, receipt number AGANDC-12935354. Transcript Order Form due on 10/20/2023 (Cromwell, William) |
| Filing 32 Defendants' EXHIBITS admitted and retained at the #21 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 28 Case electronically remanded to Superior Court of Fulton County, Georgia. (Envelope #13278493 has been submitted successfully.) (rsg) |
| Filing 27 Remand Letter to Superior Court of Fulton County. (rsg) |
Filing 26
ORDER REMANDING the State's criminal prosecution of Cathleen Alston Latham 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 Latham. The Court makes no ruling on the merits of the charges against Latham or any defense that she may offer. Latham maintains the presumption of innocence and bears no burden of proving that she did not commit the crimes charged against her. 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 25 Amended (per #24 Order) Defendants' Exhibit List from 9/20/2023 evidentiary hearing #21 . (pdw) |
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Filing 24
ORDER re #22 Exhibit List filed by Cathleen Alston Latham. The State does not object to Defendant's Exhibit 4. Accordingly, Defendants Exhibit 4 is ADMITTED. The Court ADMITS Defendants Exhibit 5 over the State's objections. The Court finds that the document is admissible, and the notes need not be redacted. Signed by Judge Steve C. Jones on 9/21/23. (rsg)
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| Filing 23 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 22 Exhibit List by Cathleen Alston Latham. (rsg) |
| Filing 21 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)(rsg) |
| Filing 20 NOTICE of Appearance by Nathan J. Wade on behalf of The State of Georgia. (rsg) |
| Filing 19 NOTICE by Cathleen Alston Latham of Amended Waiver (Cromwell, William) |
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Filing 18
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 17 NOTICE by Cathleen Alston Latham Of Waiver of Right to Be Present (Cromwell, William) |
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Filing 16
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 15 RESPONSE re #8 Response (Non-Motion), to the State's response to notice of removal filed by Cathleen Alston Latham. (Cromwell, William) |
| Filing 14 NOTICE of Appearance by Francis McDonald Wakeford, IV on behalf of The State of Georgia (Wakeford, Francis) |
| Filing 13 NOTICE of Appearance by Alex Bernick on behalf of The State of Georgia (Bernick, Alex) |
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Filing 12
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 11 NOTICE of Appearance by Daysha D'Anya Young on behalf of The State of Georgia (Young, Daysha) |
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Filing 10
ORDER GRANTING the [Doc. 9 in 1:23-CV-3792-SCJ)] Motion to Consolidate Evidentiary Hearings filed by Defendant Shawn Still. 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 9
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 8 RESPONSE re #4 Order,,,, Set Deadlines/Hearings,,, #1 Notice of Removal, filed by The State of Georgia. (Attachments: #1 Exhibit Nov 20 Gov Cert, #2 Exhibit Dec 7 SoS Recount Cert, #3 Exhibit Dec 7 Gov re-Cert, #4 Exhibit Fake Certificate, #5 Exhibit Meadows removal tx, #6 Exhibit 1960 Hawaii Docs)(Cross, Anna) |
| Filing 7 NOTICE of Appearance by John Earl Floyd on behalf of The State of Georgia (Floyd, John) |
| Filing 6 CERTIFICATE OF SERVICE filed by Cathleen Alston Latham (Cromwell, William) |
| Filing 5 NOTICE of Appearance by Anna Green Cross on behalf of The State of Georgia (Cross, Anna) |
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Filing 4
ORDER re #1 Notice of Removal, Evidentiary Hearing set for 9/20/2023 at 9:30 AM in ATLA Courtroom 1907 before Judge Steve C. Jones. Given the overlap in arguments and evidence, and in the interest of judicial economy, Lathams hearing will be held in conjunction with the evidentiary hearing of her co-Defendant, David James Shafer (Civil Action No. 1:23-cv-03720-SCJ). The Fulton County District Attorney's Office may submit a written response to Latham' s Notice of Removal no later than Thursday, September 7, 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 08/29/2023. (rsg)
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| Filing 3 NOTICE of Appearance by John Wooten on behalf of The State of Georgia (Wooten, John) |
| Filing 2 NOTICE by Cathleen Alston Latham civil cover sheet (Cromwell, William) |
| Filing 1 NOTICE OF REMOVAL with CRIMINAL INDICTMENT filed by Cathleen Alston Latham. (Filing fee $402 receipt number AGANDC-12842072) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 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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