It’s been a bad month for my most recent crop of Supreme Court cases, both in terms of cases where I represent the party and in cases where I am amicus counsel. But I try to learn from them all. And here’s my takeaway from the month. To have and cite a case is not
If any case qualifies as an old chestnut, it would be Mapp v. Ohio, the landmark case that provided that evidence gathered in violation of a suspect’s Fourth Amendment rights should be excluded from use at trial. Restricting the use of illegally-gathered evidence is the punishment for the illegal conduct. If there’s a case …
The Supreme Court of Georgia is back in full swing. The Court has already heard oral argument in several sessions. Yesterday, the Court granted certiorari petitions on three criminal cases. Each case has important implications for the criminal defense bar. While I am not entirely thrilled with some of the decisions the Court has made recently in criminal cases, this Court’s level of engagement has been quite intense, and the writing has been good. The odd thing is that, while I obviously do not favor pro-prosecution decisions, I have always had a secret enjoyment of conservative judicial writing. Scalia opinions, for instance, great to read. I also root for the bad guy in movies.
I just happen to think those opinions are more fun to read as dissents. On the bright side, an engaged court perhaps seems more relevant to the other two branches of government in Georgia. In recent years, it seems like the other two branches of government would like to be the only two branches of government.
So, here is a summary of the three certs granted by the Court this week: