Georgia Criminal Appellate Law Blog Offering Insight on the Practice of Appellate Law and Commentary from the 11th Circuit Court of Appeals

Monthly Archives: October 2010

Some Thoughts on Relating to Clients in Georgia Criminal Cases

Posted in Attorney-Client Relationship

It’s been a long week. I’ve had to have “the talk” with several of my clients. In case you don’t know what I mean by “the talk,” allow me to explain. There comes a point in just about every attorney-client relationship where there is an important decision to be made. You give your assessment, and… Continue Reading

A Guide to Depositions for Georgia Criminal Appeals Lawyers

Posted in Motion for New Trial, Preservation of Error, Supreme Court of Georgia

A few months ago, the unthinkable happened on a habeas corpus case I am doing in South Georgia. The judge “suggested” that I handle some witnesses on a particular issue by deposition. There were all kinds of good reasons for it. The witnesses were spead out all over the State. I will probably get to… Continue Reading

Being OCD and Doing Criminal Appeals in Georgia

Posted in Attorney-Client Relationship, Writing

Today I found myself in a meeting with a prospective client’s family discussing handling a direct appeal in the Supreme Court of Georgia. The family is very organized and proactive and already had the trial transcript ready to go. To make things even better, trial counsel was present in the meeting to discuss things with… Continue Reading

Stop Treating Motions for New Trial Like a Rubber Stamp (Even if They Are)

Posted in Motion for New Trial, Preservation of Error, Record on Appeal, Writing

Judges seldom grant motions for new trial. I have various theories about why. And they range from being sympathetic to the judge to utter cynicism. Sometimes, there just wasn’t any harmful error. Sometimes, the judge couldn’t fathom that he made a mistake. Sometimes, it’s just too dang expensive to try the thing twice. And some… Continue Reading

The Lost Art of Dictation: Getting Legal Work Done Old School

Posted in Writing

A few weeks ago, I met with a respected colleague about a case we are doing together. The lawyer is one of the best criminal defense lawyers in Georgia. As I entered his office, I noticed something conspicuously absent from his desktop — computer monitors. Where a monitor might go, there was a dictaphone with,… Continue Reading

SCOTUS Denies Cert on Weis

Posted in News

One more vestige of the Johnnie Caldwell legacy will remain in place, for a little while anyway. Greg Land at the Fulton Daily Report notes that the United States Supreme Court has denied Jamie Ryan Weis’s petition for certiorari. Mr. Weis has been sitting in the Spalding County Jail since 2006 charged with murder. His… Continue Reading