Whatley v. Upton

Whatley v. Upton

Petitioner:	Fredrick R. Whatley
Respondent:	Stephen Upton
Case Number:	3:2009cv00074
Filed:	June 30, 2009
Court:	US District Court for the Northern District of Georgia
Office:	Newnan Office
County:	Butts
Presiding Judge:	Duffey
Nature of Suit:	Other
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) - Death
Jury Demanded By:	None

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
April 9, 2013	Filing 51 OPINION and ORDER GRANTING IN PART and DENYING IN PART the 1 Petition for Writ of Habeas Corpus filed by Fredrick R. Whatley. The Petition is GRANTED with respect to Petitioners claim of ineffective assistance of counsel based on an inadequate inv estigation (Claim IX) and DENIED on Claims I, III, V, VII, VIII, X, XI, XII, and XIII. Petitioners sentence of death in Case No. 96R-374 in the Superior Court of Spalding County, Georgia, is VACATED and the State of Georgia shall, within a reasonabl e amount of time, decide whether to hold a new sentencing hearing or impose a lesser sentence consistent with the law. IT IS FURTHER ORDERED that Petitioner is DENIED a certificate of appealability. Signed by Judge William S. Duffey, Jr on 4/9/13. (jlm)

Date Filed

Document Text

April 9, 2013

Filing 51 OPINION and ORDER GRANTING IN PART and DENYING IN PART the 1 Petition for Writ of Habeas Corpus filed by Fredrick R. Whatley. The Petition is GRANTED with respect to Petitioners claim of ineffective assistance of counsel based on an inadequate inv estigation (Claim IX) and DENIED on Claims I, III, V, VII, VIII, X, XI, XII, and XIII. Petitioners sentence of death in Case No. 96R-374 in the Superior Court of Spalding County, Georgia, is VACATED and the State of Georgia shall, within a reasonabl e amount of time, decide whether to hold a new sentencing hearing or impose a lesser sentence consistent with the law. IT IS FURTHER ORDERED that Petitioner is DENIED a certificate of appealability. Signed by Judge William S. Duffey, Jr on 4/9/13. (jlm)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Georgia Northern District Court's Electronic Court Filings (ECF) System

Search for this case: Whatley v. Upton
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Respondent: Stephen Upton
Represented By:	Theresa Marie Schiefer
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Petitioner: Fredrick R. Whatley
Represented By:	Brian Mendelsohn
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?