Mauk v. State

6 Citing cases

  1. Green v. State

    51 F. Supp. 3d 1304 (N.D. Ga. 2014)

    Judge Weaver held that the consensual sexual conduct at issue occurred in a private place and thus was private for purposes of the constitutional right of privacy. ( Id. at 7–8 (citing Mauk v. State, 242 Ga.App. 191, 529 S.E.2d 197, 198 (2000)).) Applying Georgia law, Judge Weaver reasoned that “it is the reasonable expectations of the room's occupants, and not the number of occupants, that controls” the determination as to whether a place is private.

  2. Green v. State

    987 F. Supp. 2d 1328 (N.D. Ga. 2013)

    Judge Weaver held that the consensual sexual conduct at issue occurred in a private place and thus was private for purposes of the constitutional right of privacy. ( Id. at 7–8 (citing Mauk v. State, 242 Ga.App. 191, 529 S.E.2d 197, 198 (2000)).) Applying Georgia law, Judge Weaver reasoned that “it is the reasonable expectations of the room's occupants, and not the number of occupants, that controls” the determination as to whether a place is private.

  3. State v. Clark

    263 Ga. App. 480 (Ga. Ct. App. 2003)   Cited 6 times
    Suggesting that the government's intrusion upon an "open field" could be a trespass at common law even if it is not a search implicating Fourth Amendment rights

    (Citation omitted.) Gravley v. State, supra at 403; see Mauk v. State, 242 Ga. App. 191 ( 529 S.E.2d 197) (2000). (c) "We conclude, from the text of the Fourth Amendment and from the historical and contemporary understanding of its purposes, that an individual has no legitimate expectation that open fields will remain free from warrantless intrusion by government officers.

  4. Certiorari Denied

    532 U.S. 924 (2001)   Cited 140 times
    Holding that new death penalty statute was constitutionally applied to defendant where it merely changed procedure for imposition of death penalty, with jury's ruling rendered only advisory and judge making ultimate determination

    No. 00-6782. MAUK v. GEORGIA. Ct.App. Ga. Certiorari denied. Reported below: 242 Ga. App. 191, 529 S.E.2d 197. No. 00-6806. WADDELL v. UNIVERSITY OF MINNESOTA. C.A. 8th Cir. Certiorari denied.

  5. Mauk v. Lanier

    484 F.3d 1352 (11th Cir. 2007)   Cited 49 times
    Holding that "the Supreme Court in Castille explicitly rejected the argument that 'the submission of a new claim to a State's highest court on discretionary review constitutes a fair presentation.'"

    On February 2, 2000, the Georgia Court of Appeals affirmed Mauk's conviction on direct appeal. See Mauk v. State, 242 Ga.App. 191, 529 S.E.2d 197, 198-99 (Ga.Ct.App. 2000). The Georgia appellate court ruled that Powell was not applicable to Mauk's case.

  6. MAUK v. GOODRICH

    CV 109-057 (S.D. Ga. Sep. 10, 2009)   Cited 2 times

    In contrast, the conduct leading to Petitioner's conviction was anything but consensual and homosexual. Indeed, the record establishes that the conduct underlying Petitioner's conviction took place with a woman who was found struggling to get away from Petitioner. See Mauk v. State, 529 S.E.2d 197, 198 (Ga. Ct. App. 2000). Moreover, in Lawrence, the Supreme Court was particularly concerned that the conduct at issue took place in the privacy of the home.