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 […]
Alyson Palmer at the Fulton Daily Report has noted the passing of David C. Baldus. Mr. Baldus authored a study in 1986 showing that, in 2,000 murder cases in Georgia in the 1970s, defendants accused of killing white victims were more than four times as likely than defendants accused of killing black victims. That study […]
Yesterday, I noticed that there is a proposed rule from the State Bar of Georgia to provide for electronic filing in Georgia courts. Of course, it’s just a proposed rule (PDF). And what comes of it may be simply a model rule for trial courts to follow if they choose to allow electronic filing. But […]
How do you make the most compelling possible case for oral argument in the Georgia Court if Appeals? According to Judge Christopher McFadden, it is important to draft a self-contained request that summarizes the key issues in the case. It is important also to explain exactly how argument will assist the court under the unique […]
Two days at the annual meeting of the State Bar of Georgia in Myrtle Beach have given me enough material for a week of blogging. For today, the big news is that the Supreme Court will mandate e-filing for all attorneys before the end of the summer and will create a system for submission of […]
This week’s theme has been orders. Every now and them, you are lucky enough to win. And when you’re even luckier, you get to prepare the winning order. Sometimes, though, you get asked to draft an order, and your opponent does, too. Drafting an order in that situation is a little tricky, because you have […]
It is now the talk of the appellate bar nationwide. Bryan Garner has recently released transcripts of his interviews with 8 United States Supreme Court Justices. If you plan on doing any legal writing (whether it’s before the SCOTUS, another appellate court, or any where else), you need to download the interviews, available at The Scribes […]
Judge Beverly Martin of the 11th Circuit Court of Appeals spoke to the Georgia Bar’s Appellate Practice Section yesterday on the subject of “What Makes an Effective Appellate Advocate.” More specifically, her focus was on effective oral argument. I’ve heard many talks on this topic, and I read about it all the time. I even write […]
Caroline Vodzak reports at Vodzaklegal that the Third Circuit has found that mere spatial proximity of guns to drugs is not sufficient to enhance a defendant’s sentence of drug possession without a specific finding of fact that the gun “facilitated or had the potential for facilitating the possession of drugs.” Mr. West was caught in […]
Here are some reasons why this development is good. Regularity Less Vagueness (bent of mind, course of conduct, res gestae) A modern evidence code that fits the kinds of evidence lawyers seek to admit A playing field that, for a brief time, will reward the prepared (and that’s generally the defense) As Professor Miller noted, […]