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Doss v. Long

629 F. Supp. 127 (N.D. Ga. 1985)
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Doss v. Long

3 Citing cases

  1. Haas v. County of San Bernardino

    27 Cal.4th 1017 (Cal. 2002)   Cited 120 times   1 Legal Analyses
    In Haas, the county's procedure for appointing administrative hearing officers was found to violate due process because the prosecuting authority selected its adjudicator at will and must therefore "be presumed to favor its own rational self-interest by preferring those who tend to issue favorable rulings."

    E.g., Withrow v. Larkin, supra, 421 U.S. 35, 47, and Gibson v. Berryhill (1973) 411 U.S. 564, 579 (both acknowledging that the constitutional rules requiring the disqualification of judges for financial interest also apply to administrative hearing officers). Brown v. Vance (5th Cir. 1981) 637 F.2d 272; Doss v. Long (N.D.Ga. 1985) 629 F. Supp. 127, 129; State ex rel. McLeod v. Crowe (S.C. 1978) 249 S.E.2d 772, 776-777, 778; State ex rel. Shrewsbury v. Poteet (W.Va. 1974) 202 S.E.2d 628, 631-632. When due process requires a hearing, the adjudicator must be impartial.

  2. Buttrum v. Black

    721 F. Supp. 1268 (N.D. Ga. 1989)   Cited 23 times   1 Legal Analyses
    Finding that even though the prosecutor did not attribute the Eberhart passage to a particular source, it concluded that the prosecutor's comments were improper and prejudicial because of their content and because the prosecutor began the Eberhart quotation immediately after and in the same sentence as his recitation of the jurors' oath

    Second, she contends that he was operating within an unconstitutional "fee system" then in operation in Georgia. This Court struck down this fee system in Georgia as unconstitutional in Doss v. Long, 629 F. Supp. 127, 130 (N.D.Ga. 1985). Respondent contends that the instant claim presents only a Fourth Amendment claim precluded from federal habeas review by Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976).

  3. Nicholson on Behalf of Gollott v. State

    672 So. 2d 744 (Miss. 1996)   Cited 74 times   1 Legal Analyses
    Holding excusable homicide instruction inapplicable to fatal shooting which allegedly occurred during unlawful attempt to commit suicide

    However, the key to this issue is the presence or absence of judicial power. Doss v. Long, 629 F. Supp. 127, 129 (N.D.Ga. 1985) (holding Brown and Tumey does not tolerate "system(s) giving a judge a personal stake in the outcome"); see also In re Ross, 99 Nev. 1, 656 P.2d 832, 838-40 (1983) (holding Tumey barred administrative agencies with quasi-judicial power from acting with financial interest in outcome). The circuit clerk has no judicial power.