Lower Court Holding in Foster V. Humphrey
Decision of the Superior Court of Butts County, Georgia
Petitioner, Timothy Tyrone Foster, was convicted by a jury in the Superior Court of Floyd County of one count of malice murder and one count of burglary on May 1, 1987. The Petitioner was thereafter sentenced to death for the malice murder of Queen Madge White. In addition to the death sentence, the trial court sentenced Petitioner to 20 years for burglary. On direct appeal, the Georgia Supreme Court affirmed Foster’s convictions and death sentence. Foster’s motion for reconsideration was denied. The U.S. Supreme Court denied certiorari. Batson Claim The Court finds that the prosecution did not violate Batson v….
