Newspaper Page Text
Justice wants shorter appeal time
By TAMMY SAVAGE
Slaff writer
Speaking to local civic and business leaders,
the chief justice of the Georgia Supreme Court
announced his plans Wednesday night to call
for 1980 legislation consolidating appeals
processes in capital cases
Chief Justice H E Nichols served as a
last minute substitute for Congressman Elliot
Levitas (D-Ga.) at the pre-legislative forum,
sponsored by the Georgia Chamber of
Commerce. Athens was the third stop on an
eight-day, 17-city tour of the state
The forum’s other speaker. President
Pro-Tern of the state senate. A1 Holloway
(D-Albany), has replaced Lt. Gov. Zell Miller
on the tour. Miller withdrew earlier this month
in accordance with his promise not to confuse
legislative duties with his campaign for the
U S. Senate seat currently held by Herman
Talmadge
According to Nichols, one of the biggest
problems faced by the judicial system is the
“seemingly endless" string of appeals a
defendant may make before the courts, with
the entire process taking six to eight years.
The chief justice's plan calls for the
defendant to raise all objections in one
post-sentence hearing Should the consolidated
appeal fail, the same arguments would have to
be considered in the federal courts together.
Nichols said.
Nichols said if the legislature did not honor
the court's request for a unified appeals
process, the justices would use their
rule making authority to implement the
changes in procedure
The changes would not affect any capital
crimes or eliminate any rights of the
defendants in such cases. Nichols said.
Holloway said the state could not keep its
present level of post secondary education
without a tax increase, although most citizens
would probably oppose such a move
“Many people are concerned with their taxes
and, as a result, would favor limiting the
state's expenuitures for post secondary
education," he said “At the same time, there
are demands for post secondary education
opportunities to be expanded even more than
they are now ”
Staff photo - C Talbot Numally III
Nichols says appeals can take six to eight years
The Bed and Black, Friday. November 30. It7t
KURALT
From p. i
according to Kuralt the story
is "never anything important
“On the Itoad" got its start
back in the fall of 1%7 when
Kuralt suggested to CBS that
he embark on a three month
project to travel around the
U S looking for human inter
est stories, and seems to have
taken off from there
Kuralt and his crew log
about 50,000 miles on the bus
every year traveling all over
the country There’s no definite
pattern followed by the vaga
bonds, but “we like to try to be
in the south for the winter and
the north for the summer,”
Kuralt said. ‘‘You can be sure
wc won't be in North Dakota in
February " (Don't forget the
ice-fishing story in New
England )
Kuralt's latest project Sun
day Morning a broadcast
version of your Sunday pape,
has “interrupted the romance
of "On the Hoad “We used to
just stay in the bus all the
time, but now I have to fly hi
on Fridays to do my part of the
show." Kuralt sa>d
Kuralt. 45. a North Carolina
native, got his journalistic
start as a reporter for his
Hometown newspaper. The
Charlotte News, and moved to
CBS as a writer in 1957
“I don't think I could ever go
back to hard news.” Kuralt
said, and let's hope no one ever
asks him to
H»*'s one of the few people
who can do what he does
without being sappy The
episodes are unique each one
a heartwarming contrast to
“hard news '
Fife on the road has made
many cynics hut even if the
long years on the road and the
campaign trail have soured
him it's hard to detect
Optimism bubbles up from
every episode, an “I'm glad to
lie a part of this great nation
and its people feeling" sweeps
over you You've been on the
road with Charles Kuralt
ATMCRS 0RCMK) CRONUS
4tdr
Supreme Court rejects appeal in T.K. Harty murder
From press reports
The United States Supreme
Court has refused to review the
case of John Henry Mooney,
convicted in May 1978 for
ordering the murder of Athens
rcstaurantcur T.K. Harty in
August 1977.
The justices chose not to
grant a writ of certiorari,
requesting the records of Clarke
County Superior court proceed
ings that ended in Mooney's life
sentence.
Both Mooney and co-defend
ant Elmo Liston Florence pre
viously lost appeals to the
Georgia Supreme Court in the
Harty murder case. Florence
also faces life imprisonment,
convicted of killing Harty under
Mooney’s hire.
The shooting was allegedly
the result of a dispute between
Harty and Mooney, who owned
Holiday Forum at Sheraton
International students staying in Athens during Christmas
break are in for a treat According to Pam Stevens of Univi*rsit>
Housing Appointments, the Sheraton History Village Motor Inn is
sponsoring an International Holiday Forum in an effort to make
the holidays more enjovahle for those who can't be home for
Christmas
The charge for this service will be $16 per room This also
includes free transportation to Atlanta for a shopping spree and
special discounts on food
This may be the only option for Athens-bound students. Stevens
said that to her knowledge no dorn.s would be open over the
break, and added that “housing with local families" would be
available
Interested students should call Geary Hawkins at 546-8210 or
Housing Appointments at 542-1556
—Cindy Bagwell
c
Gifts & Cards
1
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For Christmas"
Featuring Paper Moon Graphics'
cards and distinctive gifts.
V
143 Jackson Street
543-7392
GATEWAY
mm§ %> GouLsanmiUEs
North Ave -Bypass Cateway Shopping
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404-548-1528 Across from BiLo
Shop Hours
Mon. - Sat
8.00 a.m. - 6:00 p.m.
Paying up to
$ 70.00
for Class Rings
Paying top prices for
oil gold jewelry and silver.
Specializing in Choice U S. coins.
Duy-Sell-Trade U.S.Coins.
competing businesses in a local
shopping and restaurant com
plex. The Station. Harty had
gained control of the complex
and was in the process of
evicting Mooney when the
shooting occurred.
Harty was found shot to death
at his Cleveland Road home on
Aug. 30. 1977. Mooney was
arrested in connection with the
murder Oct. 8. 1977.
Mooney s appeal cited three
alleged errors in the superior
court proceedings.
Edward Tolley, the Athens
lawyer filing on Mooney's be
half. has complained there is a
possibility that damaging evi
dence about Mooney was ob
tained through illegal search
and seizure by police.
Mooney's luggage was
searched at the time of his
arrest and notes he had written
in Munich. Germany, were
seized. The notes were later
introduced as evidence at the
trial.
On May 1, 1978. Mooney
defended the notes, contending
they were to jog his memory. He
admitted he wrote, "See Elmo—
make offer to him—if worse
comes to worse to take the
whole rap—say robbery was
motive—we have an arrange
ment to take care of his wife and
family.”
Another complaint objected to-
the use of testimony from key-
prosecution witness Robert
Reinhold, a local restaurant
manager.
Reinhold testified Elmo Flor
ence confessed to him in a bar
that Mooney paid Florence to
have Harty killed. Tolley con
tended the admission of hearsay
testimony violated Mooney's
Sixth amendment rights.
In addition. Mooney’s appeal
complained Judge Joseph
Gaines failed to order a change
of venue in the case. When the
trial began, the defense filed for
a change on the grounds
excessive pretrial publicity pre
vented Mooney from getting a
fair trial in Clarke County.
Tolley complained to the
Georgia Supreme Court that
Gaines should have granted
change of venue prior to im
paneling of jurors and a change
after questioning jurors.
Now. Mooney’s only recourse
is to initiate district court
proceeding under habeas corpus
claims he is being held in jail
illegallv.
we
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appatyayxxy
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