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

Monthly Archives: January 2012

Great Day for 4th Amendment With Unexpected Heroes

By Scott Key on Posted in News

Yesterday, was was the best day the Fourth Amendment has had in a decade. And, while Libertarians might not be surprised who the two heroes were, others might be taken aback. In one Fourth Amendment story, the hero was Associate Justice Antonin Scalia. And in the other, the hero was tea party Junior Kentucky Senator… Continue Reading

The Implications of the New SCOTUS Eyewitness Case on Georgia Cases

By Scott Key on Posted in News, Opinions and Analysis

Adam Liptak of the New York Times reports that the Supreme Court has held that courts are not required to conduct pre-trial hearings to determine whether the circumstances of an eyewitness identification were so unreliable that the jury shouldn’t hear about the lineup. The Court has held that, only in instances of police misconduct in… Continue Reading

Even More Reasons to Run From GPDSC and a Modest Proposal

By Scott Key on Posted in Attorney-Client Relationship, News, Opinions and Analysis

A blog post I wrote a week ago about GPDSC’s alliance with the Attorney General’s Office to oppose the Georgia Bar’s formal advisory opinion regarding imputed conflicts for indigent defendants inspired a few comments over on my Facebook page. A friend of mine who is a former assistant public defender commented: The absence of conflict-free… Continue Reading

Judicial Funding Likely to Increase in 2012

By Scott Key on Posted in News

Greg Bluestein, with the Associated Press, reports that the Judiciary could see more funding in 2012. The report echoes some of the discussion at the Appellate Practice Section luncheon several days ago. Mr. Bluestein reports that “[t]he judicial branch’s budget situation was so dire in 2009 that Georgia’s top judges considered whether to take emergency… Continue Reading

Attorney General and Public Defenders Team Up to Support Double Standards for Poor People

By Scott Key on Posted in Attorney-Client Relationship, News

The writer Jerry Pournelle postulated The Iron Law of Bureaucracy. It goes like this. In a bureacratic organization, there are two types of people. First, there are the people who are devoted to the goals of the organization. Second, there are those dedicated to the organization itself. According to Pournelle, “in every case the second… Continue Reading

Judges at Appellate Practice Section Luncheon Laud New Governor’s Support of Judiciary

By Scott Key on Posted in News, Uncategorized

The Appellate Practice Section of the State Bar of Georgia convened as part of the Georgia Bar’s mid-year meeting. In spite of the fact that many participants came over from the swearing-in of Judge Boggs to the Court of Appeals, the luncheon was lively and well-attended. Originally intended to be a candidates’s forum for candidates… Continue Reading