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The final reply filed by defense Attorneys in response to the Government's opposition to the 2255 motion.

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Government's response to 2255 motion filed Dec 3rd 2007.

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Full docket text for document 384: AMENDED MOTION Amending [382] MOTION to Vacate under 28 U.S.C. 2255 by Dwight D. York. (Lattimer, Gregory) The amended 2255 motion filed 8-6-07 by Attorney Lattimer/Shabazz

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The initial filing of the 2255 motion.

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The 11th Circuit Court Appellate Decision of October 27th 2005.

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The Government's Motion to Strike Appellant's Brief.; The gov't attempt to strike the appeal filed by defense.

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On November 12th 2004 , Lawyer Adrian Patrick filed The Opening Appeal Brief on behalf of Rev. Dr. Malachi Z. York.

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Full docket text for document 363: Amended MOTION to reinstate and/or reconsider new trial "initial" motion and judgment of acquittal by Dwight D. York. Response to Motion due by 12/2/2004 Reply to Response to Motion due by 12/20/2004. (ans, ) On November 9th 2004, Lawyer Adrian Patrick filed an amended motion to the Pro-Se motion that was filed by Rev. Dr. York. The amended motion covered the ineffective assistance of counsel and the re-instatement of the initial New Trial Motions.

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On August 31st 2004, Judge Royal issued his order on the Pro-Se motion with errors. Judge Royal never cited law, rule or procedure to back his ruling. Judge Royal stated that the defendant was in error by filing pro-se motions. This was addressed by Attorney Adrian Patrick on November 9th 2004.

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After the gross sabotage and ineffective assistance of counsel given by Attn Jonathan Marks at the New Trial Hearing on August 13th 2004 Rev. Dr. Malachi Z. York on August 17th 2004 filed a pro-se motion to move the court for a hearing to re-instate and/or reconsider new trial initial motion, judgment of acquittal, to amend all new trial motions of the defendant, due to ineffective assistance of counsel, and unauthorized withdraw of defendants new trial initial motion, suspend judgment of new trial, until after the issue is heard.

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Transcript of the August 13th Hearing on the motion for New Trial concerning Habibah Washington's Recantment

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Habibah Washington's Affidavit recanting false trial testimony

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Full docket text: Pretrial conference as to Dwight D. York held Court Reporter: Craig DeLoach (ans) The December 30th pre-trial hearing concerning the anonymous Jury and Closing the Trial

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Full docket text: Pretrial conference as to Dwight D. York held Court Reporter: Sally Gray (ans) Lawyers Adrian Patrick and Benjamin Davis are retained as co-counsel for the federal case on December 16th 2003. New motions are filed and argued which laid foundations for beneficial arguments contained in Post Trial and Appellate Motions and Briefs. On December 16th 2003 there was a status Pre-Trial hearing before Judge C. Ashley Royal.

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The Federal Superseding Indictment which formed the basis for the Trial.

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Judge Royal's change of venue order on October 28th 2003 where he takes judicial notice to the tainted areas of Macon and Atlanta districts. The government was allowed to select a grand jury from the judicially recognized tainted area of Macon Georgia to return the superseding indictment that set the basis for trial.

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The status hearing of August 6th 2003 Judge C. Ashley Royal becomes Judge.

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The June 30th Hearing Transcripts where Rev. Dr. Malachi Z. York is heard before the court and puts on record that he was under duress and coerced to enter a plea bargain. Within these transcripts Mr. York asserts his Native American status. Garland requests a competency evaluation on Mr. York. The government misleads the defense concerning an upcoming superseding indictment.

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Full docket text: Arraignment as to Dwight D. York held - Dft waived formal reading indictment and entered plea of NOT GUILTY in writing. Court Reporter: recorder (ans)

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