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Neville Says Let U.S. Judges Retry Cases
By CHUCK THOMPSON
News Editor
Criticizing the actions of
individuals in a higher posi
tion isn’t always advisable,
especially when the subjects
of that criticism are federal
court judges.
Last week, however, Supe
rior Court Judge Richard
Neville, of Cumming, won
statewide acclaim when he
proposed that federal court
judges who order retrials in
state death penalty cases try
those cases themselves.
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Melson
Services were held Satur
day, Feb. 5, 1983, for Minnie
B. Melson, 67, of Alpharetta,
at 2 p.m. at Smith Mortuary
Chapel in Maryville, Tenn.
Mrs. Melson died Thurs
day, Feb. 3, 1983.
The Rev. Glenn Phillips,
the Rev. Arthur Ridge and
the Rev. Pop Bailey offi
ciated with interment in the
Nelson Chapel Cemetery.
Survivors include five
daughters, Mrs. Shirley Cor
rell, of Alpharetta; Mrs.
Bobbie Bradley, of Bluff
City, Tenn.; Mrs. Margie
Hixon, of Ringgold; Mrs.
J.S. Spradlin, of Mableton;
and Mrs. Thomas Spradlin,
of Franklin, N.C.; and one
brother, Morris Bowen, of
Bryson City, N.C.
Carnes
Services were held
Wednesday, Feb. 2,1983, for
James D. “Buster” Cames>
Sr., 55, of Route 2, Cumming,
at 2 p.m. at the First Baptist
Church of Cumming.
Mr. Carnes died Monday,
Jan. 31, 1983, following an
extended illness.
The Rev. B.V. Franklin Jr.
officiated with interment in
Sawnee View Memorial Gar
dens.
Survivors include his wife,
Mrs. Jeanne Arnold Carnes,
of Cumming; one daughter,
Mrs. Danny (Stella) Vaug
han, of Cumming; two sons,
James D. Carnes Jr., of Gai
nesville; and David Carnes,
of Cumming; two sisters,
Mrs. Viola Brown, of Ros
well, and Mr. and Mrs. Bill
(Mary) Daniel, of Cum
ming; two grandchildren,
Joe Vaughan and Julie
Vaughan, both of Cumming;
and a number of other rela
tives.
Hyde
Services were held Sun
day, Feb. 6,1983, for William
Edward “Edd” Hyde, 82, of
Route 9, Cumming, at 2 p.m.
at Beaver Ruin Baptist
Church.
Mr. Hyde died Friday,
Feb. 4, 1983.
The Rev. John Morgan,
the Rev. J.C. Nix and the
Rev. Ruell Martin officiated
with interment in Sawnee
View Memorial Gardens.
Survivors include his wife,
Mrs. Grace Hyde, of Cum
ming; five sons, Wilbert
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tibles. Antiques and much,
much more.
Your Humane Society is
sponsoring an auction Satur
day, March 12, beginning at
noon at the old gymnasium
on School Street.
We hope you’ll mark your
calendar and plan to attend.
Come early and stay late. AD
proceeds wiU go toward our
building fund in the hope that
we can realize the existence
of an animal shelter for For
syth County in the
future. We unashamedly ask
for your support.
If you have items in good
condition which you would
like to donate, please let us
know.
If you can give some of
your valuable time to work
with any of our committees,
please let us know.
If you can donate baked
goods, please let us know.
If you can provide some
sort of entertainment, please
let us know.
If you have any ideas
which wiU make this a big
Neville was angered after
U.S. District Judge Charles
Moye ordered him to preside
at a new sentencing hearing
for Jack Potts. Moye re
cently overturned two death
sentences imposed in 1976 on
the 38-year-old Potts, who
was convicted of the March
1975 shooting death of Mi
chael Priest in Forsyth
County.
Moye overturned Potts’
kidnapping conviction and
death sentences, but upheld
his murder conviction. He
Hyde, of Buford; Hugh Hyde
and Earnest Hyde, both of
Dawsonville; Cloyse Hyde
and Ricky Hyde, both of
Cumming; four daughters,
Mrs. Betty Voyles, of Daw
sonville; Mrs. Nadine
Prather, Mrs. Clyde (Glo
ria) Boling and Mrs. Joe
(Patsy) Echols, all of Cum
ming; two sisters, Mrs. Will
(Leila) Smith, of Cumming;
and Mrs. Delia Summerour,
of Cleveland; 23 grandchil
dren; 15 great-grandchil
dren; and a number of other
relatives.
Thomas
Services were held Satur
day, Feb. 5,1983, for Sam P.
Thomas Sr., 81, of Cumming,
at 2 p.m. at Haw Creek Bap
tist Church.
Mr. Thomas died Thurs
day, Feb. 3,1983.
The Rev. Jerry Orr and
the Rev. Robert Martin offi
ciated with interment in the
church cemetery.
Survivors include his wife,
Mrs. Cleo K. Thomas, of
Cumming; two sons and
daughters-in-law, Dossie
and Betty Thomas, of Nor
cross; and Jackie and Lou
Thomas, of Cumming; one
step-son, Howard and Ber
nice Kennemore, of Cum
ming; one step-daughter,
Charles and Betty Heard, of
Cumming; one brother, Har
ley Thomas, of Cumming;
one half-brother, Clyde
Thomas, of Cumming; one
half-sister, Mrs. Ida Pugh, of
Cumming; five grandchil
dren; and a number of other
relatives.
Major
Services were held Sun
day, Feb. 6,1983, for Clifford
Major, 52, of Route 8, Cum
ming, at 2 p.m. in the In
gram Funeral Home Chapel.
Mr. Major died Friday,
Feb. 4,1983.
The Rev. Early Day and
the Rev. Billy Higgins offi
ciated with interment in
Greenlawn Cemetery.
Survivors include two
sons, Dennis Major and
Jerry Major, both of Cum
ming; two daughters, Mrs.
Joe (Janice) Hughes, of
Lawrenceville; and Mrs.
Donna McFarland, of Ball
Ground; one brother, James
Major, of Cumming; three
sisters, Mrs. Estelle Ed
mondson and Mrs. Betty
Smith, both of Cumming,
success, please let us know.
And you can let us know by
attending our meetings at
the Cumming City HaU, the
third Thursday each month
at 8 p.m.
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ordered that Potts be resen
tenced on the murder charge
and retried on the kidnap
ping count.
Speaking about his propo
sal, Neville told The News,
“I’ve had calls from all over
Georgia. Not a single person
has been against the idea.”
He said he had discussed his
proposal with fellow judges,
district attorneys, the last
session of the grand jury,
members of the press, law
yers and “most impor
tantly,” the general public.
and Mrs. Geraldine King, of
Buford; 12 grandchildren;
and a number of nieces and
nephews.
Jackson
Services were held Mon
day, Feb. 7, 1983, for Wesley
William Jackson, 74, of
Route 8, Cumming, at 10
a.m. in the Ingram Funeral
Home Chapel.
Mr. Jackson died Satur
day, Feb. 5, 1983.
Father Walter Donovan of
ficiated with interment in
Sawnee View Memorial Gar
dens.
Survivors include his wife,
Mrs. Florence Jackson, of
Cumming; one daughter,
Mrs. Thomas (Joy) Lentz, of
Cumming; three grandchil
dren, Mark Lentz, Victoria
Brus and Mary Meadow;
and five great-grandchil
dren, David and Justin
Lentz, Michael and Sarah
Brus, and Mark Meadow.
Father, Sons Keep
Scouting In Family
By GREG LITTLE
The Boy Scouts of America
is celebrating its 75th anni
versary this week, and one
local family that has bene
fited from participation in
the Scouts is that of Mr. and
Mrs. Don Voss.
Voss and his two sons,
Jeff, 19, and Doug, 18, have
been involved in local Cub
Scout and Boy Scout troops
since moving to Forsyth
County in 1973.
The dedication and effort
which Jeff and Doug have
devoted to the Scouts have
resulted in the two earning
Eagle Scout honors, the
highest ranking a Boy Scout
can achieve. Only 25 Scouts
from the local Troop 39 have
earned Eagle Scout ranking
in the past 25 years.
In addition, Jeff recently
was presented with the “God
and Country” award, the
most prestigious award
given by the Boy Scouts, in
conjunction with the Asso
ciation of Baptists for Scout
ing. The award recognizes
evidence of knowledge and
action in the areas of Chris
tian faith, witness, world
outreach, citizenship and
fellowship by a Scout.
Voss, who himself partici
pated in the scouting pro
gram and earned Eagle
Scout honors as well as the
“God and Country” award
as a youth, urged his two
sons to join the Cub Scouts in
1973 and set them on their
way to becoming model
scouts.
When each boy in turn
reached 11 years of age, he
moved up from Cub Scout to
Boy Scout and began the
chain of progression on the
way to becoming an Eagle
Neville says it will cost
from $50,000 to SIOO,OOO to
comply with Moye’s order.
Contributing to the cost will
be sequestering, transport
ing, feeding and housing wit
nesses and jurors.
In making his ruling, Moye
said the prosecutor in the
Potts case “may have af
fected the delicate constitu
tional balance required by
the Supreme Court,” when
he read excerpts from an
other capital case during the
sentencing phase of the trial.
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FHA Week Observed
Mayor Ford Gravitt recently signed a proclamation designating Feb. 7-13 as National
FHA/HERO week in Cumming. Present for the proclamation signing were FHA
representatives from the high school and the county’s three junior high schools.
Those representatives were (standing, left to right) Lori Puckett, South Forsyth
Junior High School; Angela Tyson, Forsyth County High School; Natalie Martin,
North Forsyth Junior High School; and Lisa Conner, Otwell Junior High School. FHA
(Future Homemakers of America) is a national organization for home economics and
home-economics related occupations for students through grade 12.
Scout.
“To advance through the
ranks, you must pass certain
skill tests and earn merit
badges. The first ones are
pretty simple, and you ad
vance by earning skill
awards. But as you move up,
the requirements become
more difficult, so you really
have to work at it to get all
the way to Eagle Scout,”
said Voss, noting the chain
began with Tenderfoot and
advancement steps include
Second Class, First Class,
Star, Life and Eagle Scout.
The final rise to Eagle
Scout requires time spent on
a community service pro
ject. As his project, Jeff
landscaped and marked the
parking spaces at Cum
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When asked if he felt the
judiciary was placing too
much weight on technicali
ties, Neville replied, “The
standard imposed upon us by
federal judges is that of a
perfect trial. It used to be a
fair trial. Being human, I’m
not capable of trying a per
fect case.”
The Forsyth County judge
noted some 1,137 people are
on death row nationwide
118 in Georgia. “So it ap
pears other trial judges are
incapable of perfect trials,”
ming’s First Baptist Church,
while Doug spent his time
working on restoring the
city’s road signs which had
been defaced.
“The boys have continued
my family’s involvement in
the Boy Scouts, and it is an
organization we have been
very proud to be a part of.
“My father was a Cubmas
ter and participated on the
Boy Scouts Troop Commit
tee, and my mother was a
den leader for the Cub
Scouts. Also, I have three
brothers who are Eagle
Scouts and have received the
“God and Country” award.
“We’ve been a scouting
family and have loved it. It’s
been fun, rewarding and
challenging, and I highly
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THE
LOOK ALIKE
THE FORSYTH COUNTY NEWS—WEDNESDAY, FEBRUARY 9, 1 W
he added.
Neville has proposed to
Ninth District U.S. Rep. Ed
Jenkins that legislation be
introduced in Congress en
abling federal district courts
to try death penalty cases,
“either initially or retrial
when error is ascribed in the
trial in the state court.”
In a letter to Jenkins, Ne
ville noted the Supreme
Court will not resolve the
problem, that the state
courts can’t, and that the
responsibility falls upon Con-
recommend scouting to any
family,” said Voss, who is a
former Scoutmaster and
currently is chairman of the
Troop Committee.
Voss noted that the local
troop, sponsored by the
Cumming Kiwanis Club,
meets every Monday night
at 7:30 at the VFW building,
and also participates in at
least one group activity such
as hiking and camping trips,
each month.
It’s a character-building
experience and I encourage
any boy to come to one of our
meetings and join up.
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ffIVWVI rOBSYTH mjflUfC"
A AAAi county XI Xi ww 9
P.O. Box 210
Cumming, Ga. 30130
887-3126
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gress, “where jurisdiction
clearly lies.”
The Blue Ridge Circuit
judge also named six rea
sons why he feels his propo
sal should be adopted. Those
reasons are as follows:
lt would give the de
fendant a broader jury base,
which is considered by some
to result in a fairer trial.
“Federal court facilities
are generally much more
conducive to better security
and longer trials.” Neville
referred back to the 1976
Potts trial, which was held in
a mobile home, with only one
room for jurors and none for
witnesses. The jurors were
taken by school bus to Gai
nesville each night to be se
questered.
The federal prosecution
staff is often more experi
enced and better paid, with
more assistant prosecutors,
investigators and research
assistants.
Because the compe
tency of trial counsel is al
ways raised in issue, trial or
retrial at the district level
would permit the court to
appoint lawyers who special
ize in the practice of crimi
nal law. “Certainly the
federal system pays ap
pointed counsel much better
than at the county level,”
Neville added.
The “staggering” cost
of retrying the case would
not fall directly on property
taxpayers. On that point, Ne
ville added, “A trial of this
kind can place a rural county
in financial chaos, as
Georgia counties are consti
tutionally prohibited from
deficit financing or carrying
debt forward into the follow
ing calendar year.”
Federal trial judges are
“better equipped” for hand
ling difficult cases, because
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PAGE 11A
they have “excellent” law
libraries and law clerics at
their disposal. “Rural state
trial judges,” said Neville,
“have neither in most in
stances.”
“I seriously doubt if fed
eral judges realize the extent
of dissatisfaction of judges
and the public,” Neville
said. “We trial judges feel
the public is losing confi
dence in the ability of the
courts to solve problems,
and the courts may join
those institutions that are
discarded because they
cease to function properly.
This would indeed be a tra
gedy.”
Neville said another
“practical” approach to
solving the problem would
be the election of federal
court judges. Such a change
would require a constitu
tional amendment, which
the judge believes would
“quickly pass muster” by
the American people.
Whether or not Neville’s
proposals come to life, the
federal courts will be made
aware of increasing dissatis
faction at the state level. As
Neville stated, “There must
be some point in time that
federal courts cease to inter
vene in every facet of our
life, or we should simply do
away with state govern
ment.”
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