Legal Opinion
Elizabeth B. Duncan v. David B. Poythress
Court of Appeals for the Fifth Circuit
Decided September 28, 1981No. 81-7363PublishedCited by 147 opinions
1Opinion of the Court
HATCHETT, Circuit Judge:
In this appeal we review a decision of the district court holding that Georgia’s special election statute, Ga.Code § 34-1514, requires the selection of a successor for a resigning member of the Georgia Supreme Court by means of a popular election. The district court committed no abuse of discretion in refusing to abstain from hearing this section 1983 civil rights action. 42 U.S.C. § 1983. We agree with its conclusion that the due process clause of the fourteenth amendment to the United States Constitution protects against the disenfranchisement of a state electorate…
2Cases cited64 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Parratt v. TaylorSupreme Court of the United States · 1981
- Baker v. McCollanSupreme Court of the United States · 1979
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
59 more not listed; retrieve them via the Exa API.
3Cited by147 opinions
- Ned L. Siegel, Georgette Sosa Douglas v. Theresa Lepore, Charles E. BurtonCourt of Appeals for the Eleventh Circuit · 2000
- Arlene C. Wolf-Lillie v. Gerald M. Sonquist, Kenosha County SheriffCourt of Appeals for the Seventh Circuit · 1983
- Bell v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 1984
- Bradley Jay Depew v. City of St. Marys, Georgia, Charles Earl Fowler v. City of St. Marys, GeorgiaCourt of Appeals for the Eleventh Circuit · 1986
- Gilmere v. City of AtlantaCourt of Appeals for the Eleventh Circuit · 1985
142 more not listed; retrieve them via the Exa API.