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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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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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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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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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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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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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