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

Monthly Archives: June 2012

Congratulations Justice Blackwell

Posted in Georgia Court of Appeals, News, Supreme Court of Georgia

Governor Deal has announced that Judge Keith Blackwell will be the Supreme Court’s newest Justice. He will fill the vacancy created by Chief Justice Carley’s retirement. I have gotten to know Judge Blackwell through my work on the Appellate Practice Section. He will be a great addition to the Georgia Supreme Court.

Scalia’s and Garner’s New Book Suggests Principled Approach

Posted in Opinions and Analysis, Writing

Readers of this blog may be surprised to know that I am a Scalia fan. Criminal defense lawyers who don’t like Jusice Scalia just don’t understand him yet. There is much to commend Jutice Scalia to a criminal defense attorney. He penned some of the most significant opinions in the last decade on the Confrontation… Continue Reading

Ex-Magistrate’s Lawsuit Blackens Eye of Ga. Judiciary

Posted in News, Opinions and Analysis, Supreme Court of Georgia

This won’t end well. Anthony Peters, the former Catoosa County assistant Magistrate Judge has filed a civil rights suit against the his former boss as well as the Sheriff of Catoosa County. When I read Joy Lukachick’s article (hat tip to her) in the Chattanooga Times Free Press about the lawsuit, I had to pull the… Continue Reading

Williams v. Illinois Asks More Questions than it Answers

Posted in Opinions and Analysis

Williams v. Illinois, the newest Confrontation Clause case from the Supreme Court, leaves unresolved some key issues on the Confrontation Clause and its applicability to lab reports. Some things to note: Williams has no majority opinion It is very fact specific A similar case with a better set of facts might go the other way… Continue Reading

In Memoriam: Strickland v. Washington

Posted in Opinions and Analysis

While working on a brief, we discovered a Georgia Supreme Court case that I was sorry to have missed when it came out (hat tip to Margaret Flynt). A paradigm shifted in 2010, and I completely missed it. From an optimistic viewpoint, this case shows that almost nothing adds up to ineffective assistance of counsel. To… Continue Reading

Should You Post Bond? Not Always

Posted in Attorney-Client Relationship

Last week, I closed out an armed robbery case quite successfully. The case was reduced down to robbery, the client was sentenced under Georgia’s First Offender Act (meaning that he has the opportunity to come out of this with no conviction on his record), and after completing a one-year residential program, he is on probation…. Continue Reading