HB 349 has been the subject of much discussion for its sentencing innovations. However, nestled within it are some significant changes to the appellate code. This post will familiarize you with the appellate provisions of HB 349 and provide some tips to get around them. Pre-HB 349 Under the soon to be old law, any… Continue Reading
Category Archives: News
Subscribe to News RSS FeedRay Lewis, Facebook, and the Justice System
Posted in Attorney-Client Relationship, NewsRay Lewis’s retirement has made for an interesting time to be a criminal defense lawyer. Many of us who defend people for a living lead two lives. In one, we are in and out of jails, explaining things to clients. We are in the hallway huddled with families after a loved one was led out… Continue Reading
Video Interview: Discussing Gun Control & the Second Amendment in the Supreme Court with LXBN TV
Posted in News, Opinions and AnalysisFollowing up on my post on the subject, I had the chance to speak with Colin O’Keefe of LXBN regarding just how far gun control can go under the Second Amendment and when this was last tested by our country’s judicial system. In the interview, I discuss Heller v. District of Columbia, the last Second Amendment… Continue Reading
How Far Could Gun Control Constitutionally Go?
Posted in News, Opinions and AnalysisIn light of recent events, gun control is the subject of discussion. My practice touches upon guns. Generally it arises in the context of clients who have been accused or convicted of being felons in possession of a firearm or of being in possession of a weapon during the commission of a crime. I have… Continue Reading
New SCOG Opinion Sets Out Rules for Voir Dire in Death Penalty Cases
Posted in News, Opinions and AnalysisA recent Georgia Supreme Court case on jury selection provides a framework for determining what a case’s subject matter is. There is a fine line between asking juror to prejudge the facts and figuring out if jurors cannot be fair. A few words about the problem in the case first. Full disclosure, I was amicus counsel… Continue Reading
All the (Local) News that’s Fit to Print (Elsewhere)
Posted in NewsThe biggest news story in Griffin, Georgia, in the last year was barely covered here. But it made the New York Times. And the fact that it wasn’t says a lot about how white collar matters are treated differently than the kinds of cases I typically handle. It also is indicative of how if you… Continue Reading
What Every Lawyer Can Learn from the Red & Black Controversy
Posted in NewsI have no affiliation with the University of Georgia. But I have been glued to the controversy over its independent newspaper for the past week and a half. And if you are a lawyer who is interested in social media, you should learn this story and use it as a parable. It has much to… Continue Reading
JQC Zaps Another Magistrate Judge
Posted in NewsRobin McDonald of the Fulton Daily Report notes in a story today that Murray County Magistrate Judge Bryant Cochran resigned his post as Chief Magistrate Judge. His resignation letter departs from they typical fare of this genre — quivery sharky handwritten script, tendered to Richard Hyde. He doubled the average sentence length to two whole… Continue Reading
Interview with Fox 5 News Yesterday
Posted in NewsIt’s rare that the media (particularly the broadcast media) remain interested in a case after it gets into the appellate stage. I’m involved in one of those cases right now. Chris Shaw with Fox 5 News in Atlanta did a thorough job speaking with us about the implications of a recent indictment in a case… Continue Reading
Upcoming Speaking Engagements
Posted in NewsFirst, it’s been about three weeks since my last post. Between getting moved into the new office in Decatur and a family vacation, I have been on a bit of a blogging hiatus. I’ve spent time getting accustomed to a new commute and schedule. After so many years in truly solo practice, it is great… Continue Reading
Up and Running in a New Space
Posted in NewsAppellate lawyers can work pretty much anywhere. We’re the professional writers and advisors of the legal world. I’m writing this post from my home office at 5:30 a.m. At the same time, there is something to be said for where you do business and where the shingle hangs. This week, the shingle has moved. The… Continue Reading
Congratulations Justice Blackwell
Posted in Georgia Court of Appeals, News, Supreme Court of GeorgiaGovernor 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.
Ex-Magistrate’s Lawsuit Blackens Eye of Ga. Judiciary
Posted in News, Opinions and Analysis, Supreme Court of GeorgiaThis 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
Savannah Morning News Recognizes Terry Jackson’s Life
Posted in NewsToday, the Savannah morning news has a fantastic article about the late Terry Jackson, a hero of mine and of many Georgia criminal defense lawyers. I did not know Terry until late in his life. He referred me some cases in the past couple of years, and I am working now on one of his… Continue Reading
Video Interview: Discussing the Latest in the Trayvon Martin Case with LXBN TV
Posted in NewsYesterday I had the opportunity to speak with Colin O’Keefe of LXBN TV on the latest developments in the Trayvon Martin case. In the short interview I give a brief explanation on the background of the case, touch on Florida’s unique “Stand Your Ground” self-defense law and compare the situation to two past cases that… Continue Reading
GPDSC’s First Executive Director Weighs In
Posted in Attorney-Client Relationship, News, Opinions and AnalysisAly Palmer, a reporter with the Fulton Daily Report, read the exchanges of the last few days and reported on it at the ATLaw Blog. Michael Mears, an Associate Professor at the John Marshall School of Law and the man who was GPDSC’s very first Executive Directer when it was created, wrote a very thoughtful… Continue Reading
My Reply to the Circuit Public Defender
Posted in Attorney-Client Relationship, News, Opinions and Analysis, UncategorizedTo catch you up to speed, I recently blogged about GPDSC’s recent argument to the Supreme Court of Georgia that public defenders should have the right to represent clients in the same circuit public defender’s office even when there is a conflict in the representation. Mr. Samuel Merritt, a Circuit Public Defender disagreed. I posted… Continue Reading
Great Day for 4th Amendment With Unexpected Heroes
Posted in NewsYesterday, 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
Posted in News, Opinions and AnalysisAdam 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
Posted in Attorney-Client Relationship, News, Opinions and AnalysisA 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
Posted in NewsGreg 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
Posted in Attorney-Client Relationship, NewsThe 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
Posted in News, UncategorizedThe 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
The Top 2 Georgia Legal Stories of 2011 and the 1 Lesson They Teach
Posted in NewsThis post was intended to be a top 10 list. Then it was intended to be a top 5 list. But as I look back at 2011, there are really only two big stories that stand out. Actually, there are two stories and one lesson. The stories are the JQC’s investigation of Judge Amanda Williams… Continue Reading
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