[Download] "Monroe v. State Court of Fulton County" by Eleventh Circuit U.S. Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Monroe v. State Court of Fulton County
- Author : Eleventh Circuit U.S. Court of Appeals
- Release Date : January 20, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
TUTTLE, Senior Circuit Judge: On September 17, 1980, appellant, Diane Monroe, was convicted in State Court of Fulton County for misuse of the national flag in violation of a Georgia statute, Ga. Code Ann. § 26-2803, and was sentenced to twelve months imprisonment. Monroe was released from custody after posting an appeal bond. The Georgia Supreme Court affirmed her conviction. Monroe v. State, 250 Ga. 30, 295 S.E.2d 512 (1982). On January 28, 1983, Monroe filed a petition for writ of habeas corpus and a motion for stay of her sentence in the United States District Court for the Northern District of Georgia. The district court denied her montion for stay on April 4, 1983 and Monroe began serving her sentence on April 14, 1983. The district court denied the petition for writ of habeas corpus on September 21, 1983. Monroe v. State Court of Fulton County, 571 F. Supp. 1023 (N.D.Ga.1983). Because we hold that the Georgia statute is unconstitutional as applied, we reverse the denial of appellant's petition for writ of habeas corpus.
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