Today, the Supreme Court released two opinions that define standards for defense lawyers during criminal plea bargains. First, in Lafler v. Cooper, No. 10-209, 566 U.S. ___ (2012), recall that Cooper was charged with assault with intent to murder and possession of a firearm. Cooper rejected a plea bargain after his attorney (wrongly) informed him […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2012-03-21 15:11:232012-03-21 15:11:23SCOTUS Requires Effective Assistance at Plea Bargain Stage: Absurd?
On Tuesday, the Georgia Supreme Court unanimously ruled that a Fulton man’s convictions would be reversed due to an improperly worded verdict form. Cheddersingh v. State, S11A1929. In 2008, Soniel Cheddersingh was convicted of malice murder, aggravated assault, armed robbery, possession of a firearm during the commission of a felony, and possession of firearm by […]
Aly 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 […]
To 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 […]
A Circuit Public Defender attempted to comment on a recent post of mine. For some reason, it never cued up for moderation. So, I am posting his comment here. I’ll likely respond this week when I dig my way out of this brief I am writing. I’m not sure you have all of the facts […]
Yesterday, 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 […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2012-01-24 09:51:422012-01-24 09:51:42Great Day for 4th Amendment With Unexpected Heroes
Adam 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 […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2012-01-19 10:34:582012-01-19 10:34:58The Implications of the New SCOTUS Eyewitness Case on Georgia Cases
A 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 […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2012-01-16 16:36:112012-01-16 16:36:11Even More Reasons to Run From GPDSC and a Modest Proposal
Greg 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 […]
The 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 […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2012-01-11 17:56:102012-01-11 17:56:10Attorney General and Public Defenders Team Up to Support Double Standards for Poor People
SCOTUS Requires Effective Assistance at Plea Bargain Stage: Absurd?
/by J. Scott KeyToday, the Supreme Court released two opinions that define standards for defense lawyers during criminal plea bargains. First, in Lafler v. Cooper, No. 10-209, 566 U.S. ___ (2012), recall that Cooper was charged with assault with intent to murder and possession of a firearm. Cooper rejected a plea bargain after his attorney (wrongly) informed him […]
Erroneous Verdict Form = New Trial
/by J. Scott KeyOn Tuesday, the Georgia Supreme Court unanimously ruled that a Fulton man’s convictions would be reversed due to an improperly worded verdict form. Cheddersingh v. State, S11A1929. In 2008, Soniel Cheddersingh was convicted of malice murder, aggravated assault, armed robbery, possession of a firearm during the commission of a felony, and possession of firearm by […]
GPDSC’s First Executive Director Weighs In
/by J. Scott KeyAly 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 […]
My Reply to the Circuit Public Defender
/by J. Scott KeyTo 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 […]
Circuit Public Defender Responds to My Post
/by J. Scott KeyA Circuit Public Defender attempted to comment on a recent post of mine. For some reason, it never cued up for moderation. So, I am posting his comment here. I’ll likely respond this week when I dig my way out of this brief I am writing. I’m not sure you have all of the facts […]
Great Day for 4th Amendment With Unexpected Heroes
/by J. Scott KeyYesterday, 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 […]
The Implications of the New SCOTUS Eyewitness Case on Georgia Cases
/by J. Scott KeyAdam 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 […]
Even More Reasons to Run From GPDSC and a Modest Proposal
/by J. Scott KeyA 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 […]
Judicial Funding Likely to Increase in 2012
/by J. Scott KeyGreg 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 […]
Attorney General and Public Defenders Team Up to Support Double Standards for Poor People
/by J. Scott KeyThe 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 […]