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

Monthly Archives: February 2017

Friday Review: A Place I Haven’t Been in a While

Posted in Writing

On my way home from the office yesterday, I darkened the doors of a place I haven’t been in a while: the public library. When I was throwing some things out recently, I stumbled upon my old library card. The card sat in my car for a while. And today I used it. Anticipating upcoming… Continue Reading

New 11th Circuit Interpretation of a Portion of the Sentencing Guidelines

Posted in 11th Circuit Court of Appeals, Opinions and Analysis

One of the hats I wear is that of the Federal opinions editor for a caselaw update that the Georgia Association of Criminal Defense Lawyers publishes monthly. It has been a slow month for Eleventh Circuit Opinions. But there is one that I will be writing up. And this blog post will pull double duty… Continue Reading

Ninth Circuit Refuses to Lift Stay of Republican Administration’s Travel Ban

Posted in News, Opinions and Analysis

Moments ago, the Ninth Circuit Court of Appeals ordered that the temporary restraining order imposed on the Republican presidential administration’s travel ban will remain in place. The Court has found that the states of Washington and Minnesota have standing to challenge the ban, that the Republican administration is unlikely to prevail on the merits in the… Continue Reading

How We Interview Trial Counsel

Posted in Attorney-Client Relationship

Ineffective counsel claims are probably the least fun part of the job at the state level in Georgia. Unlike the Federal system, where an evidentiary hearing on an IAC claim is often left for habeas proceedings, Georgia IAC must be raised at the first available opportunity, or it is deemed to be waived. This system… Continue Reading

Stoicism and the Modern Lawyer

Posted in Attorney-Client Relationship

Marcus Aurelius seemed to know the modern lawyer (though he died centuries ago). See if you can identify with the following sentiment: Say to yourself in the early morning: I shall meet today ungrateful, violent, treacherous, envious, uncharitable men. All of the ignorance of real good and ill… I can neither be harmed by any… Continue Reading

Trump Administrative Order on Travel Likely to Withstand Legal Challenge

Posted in News, Opinions and Analysis

Adam Liptak has a comprehensive article in today’s New York Times over nationwide appellate proceedings regarding President Trump’s Executive Order banning travel from several Middle Eastern nations. The article tracks the progress of an order from the United States District Court for the Western District of Washington staying enforcement of much of the Executive Order…. Continue Reading

How Might Judge Gorsuch Decide Criminal Cases on the Supreme Court?

Posted in News, Opinions and Analysis

At the start of this week, I penned a post critical of how President Trump handled the firing of Sally Yates. Today, I write to commend his nomination of Judge Gorsuch for the United States Supreme Court. Textualists and the criminal appellate bar are natural allies. And such is the case with this pick. I want… Continue Reading