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 […]
00admin/wp-content/uploads/SK-Logo-Black-White.pngadmin2017-01-09 16:32:182017-01-09 16:32:18Should Defendant Be Required to Prove Actual Innocence After Reversing a Conviction?
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 […]
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 […]
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 […]
Yesterday, I spoke at a continuing legal education conference for the Georgia Association of Criminal Defense Lawyers. The topic was searches of cell phones incident to arrest. I also discussed the Application of the fifth amendment protection against self-incrimination when a suspect is compelled to provide a passcode to unlock a cell phone or to […]
00admin/wp-content/uploads/SK-Logo-Black-White.pngadmin2016-12-03 14:38:352016-12-03 14:38:35Cell Phones, The Fourth Amendment, and the Fifth Amendment
We just ended a bad week for experts. I was in Athens, Georgia, Saturday for a football game. Auburn was a 10.5 point favorite to win. It turns out that they did not even score 10 points, losing 13-7. Earlier last week, the presidential candidate whom most experts predicted to have somewhere between a 66% to 75% […]
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 […]
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 […]
When you go on a family vacation, the people you live with have the opportunity to learn more about you and how you are feeling. And so it was in Oregon a few weeks ago, that my wife noticed my anxiety level. And when she noticed it, I began to notice it, also. And after […]
In the most recent episode of This American Life, the show includes a discussion of the amendment on the ballot to reconstitute the JQC as a creature of the legislature and with the State Bar of Georgia taken out of the appointment process altogether. If you are undecided on this amendment, the segment is worth your […]
Should Defendant Be Required to Prove Actual Innocence After Reversing a Conviction?
/by adminThe 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 […]
First Mondays is My Favorite New Podcast
/by adminI’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 […]
Best Argument For And Against Recording in the Courtroom
/by adminGeorgia 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 […]
A Death Sentence for Want of a Lawyer
/by adminIn 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 […]
Cell Phones, The Fourth Amendment, and the Fifth Amendment
/by adminYesterday, I spoke at a continuing legal education conference for the Georgia Association of Criminal Defense Lawyers. The topic was searches of cell phones incident to arrest. I also discussed the Application of the fifth amendment protection against self-incrimination when a suspect is compelled to provide a passcode to unlock a cell phone or to […]
The Myth of Expertise
/by adminWe just ended a bad week for experts. I was in Athens, Georgia, Saturday for a football game. Auburn was a 10.5 point favorite to win. It turns out that they did not even score 10 points, losing 13-7. Earlier last week, the presidential candidate whom most experts predicted to have somewhere between a 66% to 75% […]
Final Thoughts on JQC Amendment 3
/by adminI 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 […]
Re-Examining Dick Donovan’s Rant
/by adminOver 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 […]
I Quit Social Media
/by adminWhen you go on a family vacation, the people you live with have the opportunity to learn more about you and how you are feeling. And so it was in Oregon a few weeks ago, that my wife noticed my anxiety level. And when she noticed it, I began to notice it, also. And after […]
The State Bar of GA is the Paul Ryan of the JQC Amendment
/by adminIn the most recent episode of This American Life, the show includes a discussion of the amendment on the ballot to reconstitute the JQC as a creature of the legislature and with the State Bar of Georgia taken out of the appointment process altogether. If you are undecided on this amendment, the segment is worth your […]