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

Tag Archives: Stare Decisis

New Appointee to Georgia Court of Appeals: “Stare Decisis is fo’ Suckas”

By Scott Key on Posted in Georgia Court of Appeals

The Georgia governor appointed two new members of the Georgia Court of Appeals. Keith Blackwell is a native of Cherokee County, Georgia, a former assistant district attorney in Cobb County, Georgia, and a fomer clerk to Judge J.L. Edmondson of the 11th Circuit Court of Appeals. His term will last through 2012. Also appointed was… Continue Reading

A New Approach to Felony Murder and a New Template to Attack Precedent in Georgia

By Scott Key on Posted in Opinions and Analysis, Supreme Court of Georgia

There are two big stories in the Georgia Supreme Court’s decision in Jackson v. State. The first is that the rule of causation for felony murder that had been in place for thirty years has been changed. The second is that the majority has provided a framework for any appellant to use in future cases… Continue Reading

Supreme Court of Georgia Changes Approach to Sentencing After Appeal

By Scott Key on Posted in News, Opinions and Analysis, Supreme Court of Georgia

 In Adams v. State.pdf, the Supreme Court of Georgia held that it is appropriate for a sentencing judge, after a reversal for judicial error, to impose a greater sentence on an individual count as long as the sentence in the aggregate is not increased. The dissent, consisting of three justices, reasons that the Court’s holding… Continue Reading