Georgia Criminal Appellate Law Blog Offering Insight and Commentary on Appellate Law and Criminal Trial Practice

Monthly Archives: January 2017

Why Some Law Practices Struggle

Posted in Attorney-Client Relationship

I sometimes find myself having the same conversation with different colleagues several days in a row. It may be that my thoughts find their way into the conversation or that there are certain trends. It may be pure coincidence. In the most recent version of the repeating conversation phenomenon, I have heard colleagues complain about… Continue Reading

The Sane Branch of Government

Posted in News, Opinions and Analysis

We live in strange times. But I still have faith in the judiciary and in lawyers. It took us just over a week of the Trump presidency to reach our first constitutional crisis, and the judiciary seems to be keeping its head. That branch of government will be tested in the months and years to… Continue Reading

Just Because Counsel Can Do an Appeal Doesn’t Mean that he Should

Posted in Oral Argument

In episode #12 of First Mondays, Dan and Ian play cringe-worthy clips from the recent Supreme Court argument in Lee v. Tam, a case involving the disparagement provision of the Lanham Act and the First Amendment. There is a similar case in the pipeline involving the Washington Redskins. And counsel in that case argued that… Continue Reading

Should Defendant Be Required to Prove Actual Innocence After Reversing a Conviction?

Posted in News

The oral argument transcript is now available on Nelson v. Colorado. the audio should be available later this week. This case challenges the constitutionality of Colorado’s Exoneration Act on procedural due process grounds. The two petitioners in the case were each convicted of crimes. While incarcerated, the State of Colorado took fine money from their… Continue Reading

First Mondays is My Favorite New Podcast

Posted in News

I’ve been hearing about First Mondays for quite some time. First Mondays is a podcast covering the United States Supreme Court. They record each week that the Court is in session. The co-hosts are both former SCOTUS clerks. I’ve only listened to one episode, the one for this week. But I’ve subscribed will become a… Continue Reading