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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

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

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

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

Best Argument For And Against Recording in the Courtroom

Posted in News, Opinions and Analysis

Georgia superior court judges have pursued some polarizing changes to the way they are regulated. Now, they want to impose strict restrictions on the public’ ability to record what happens in open court. On January 17, 2017, they will begin considering a new superior court rule that will give Georgia judges unprecedented control over their… Continue Reading

A Death Sentence for Want of a Lawyer

Posted in News, State Habeas Corpus

In today’s New York Times, former Chief Justice Norman Fletcher has written an editorial denouncing the upcoming execution of the Georgia inmate sentenced to death in 1990. Chief Justice Fletcher is particularly concerned about the fact that the inmate lost out on the possible federal review of this case. The inmate, while representing himself, missed… Continue Reading

Final Thoughts on JQC Amendment 3

Posted in News

I am not surprised that Amendment 3 passed. It was a bad idea with an unsavory political history. I did not personally know any lawyers who were in love with it. And my non-lawyer friends who asked me about it seemed persuaded that it was a bad idea. But, alas, I don’t know millions of… Continue Reading

Re-Examining Dick Donovan’s Rant

Posted in News

Over at Fault Lines, Andrew Fleischman has an article on Paulding DA Dick Donovan’s Facebook post. Jim Galloway at the Atlanta Journal noticed it, too. The post was a “eulogy for white Judeo-Christian men.” It was really quite jarring to read, particularly by a person who has extraordinary power to prosecute people and even seek… Continue Reading

A Radical Fundamentalist By Any Other Name is Still a Radical Fundamentalist

Posted in News

Since the Orlando Night Club shooting, Trump and others have criticized the President for not using the magic words “Radical Islam” in discussion of the news. According to NBC News: When Donald Trump blasted President Obama for failing to make reference to Islam in connection with the Orlando nightclub massacre, the GOP’s presumptive presidential nominee… Continue Reading

Roderick K. Bridges, God’s Choice for State Court

Posted in News

Under Article Six, Section Three of the United States Constitution, “no religious test shall ever be required as a qualification to any office or public trust under the United States.” The Religious Tests Clause made good sense when it was passed. The Framers had in mind various Test Acts that were a part of British… Continue Reading

Much Belated Thoughts on Changes to Georgia’s JQC

Posted in News

I meant to write a post on this topic at the end of the legislative session. Very late in the game, the Georgia General Assembly radically changed Georgia’s Judicial Qualifications Commission, the ethics watchdog agency for Georgia judges. Shortly after these changes were made, the head of the JQC very publicly resigned. I have mixed… Continue Reading

Removing the Stigma When You’ve Done Your Time

Posted in News, State Habeas Corpus

Last week, I was able to help a young man stay in the country rather than be deported to a land where he has few ties. The young man is officially a citizen of a foreign country. But he is practically an American, having grown up in Georgia and with all of his family here. Several months ago, he… Continue Reading

Yo Gotti: Making the Henry County Judiciary Famous

Posted in News

Rapper, YoGotti, recently released a video shot in a Henry County, Georgia, courtroom and throughout the courthouse. Henry County government officials are not amused. An official is on the record saying that the video, featuring a small claims lawsuit involving a hair weave that went up in flames, does not accurately represent “Henry County values.”… Continue Reading

The Conscription of Apple Engineers into Government Service

Posted in News, Opinions and Analysis

Before this week, I had never heard of the All Writs Act of 1789. As I understand from the news accounts I have read this week, a Federal Magistrate cites it as authority to order Apple to develop software that law enforcement can then use to break into an iPhone. For anyone who’s ever dealt… Continue Reading

The Future of Twitter

Posted in News

Over at Simple Justice, Scott Greenfield has a post about the future of Twitter (with a scatalogical title). In summary, the problem with Twitter and several other “tools” is that, while it has attracted many eyeballs, it is difficult to turn those eyeballs into money. I can’t speak to the broader economic trends. I can… Continue Reading