If there’s one evidentiary issue that you will encounter in your next jury trial, it’s hearsay. It comes up all the time, and some lawyers and judges don’t have a firm grasp on it or its exceptions. Beyond that, trial lawyers often stop short of fully developing their record because they fail to make an […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2010-09-27 13:10:162010-09-27 13:10:16Say That Again: Getting the Most Out of Hearsay Objections
I’m off tomorrow morning to speak to the Henry County, Georgia, Bar Association. The topic is a good one after wrapping up a week of trial. That topic is preserving the record for appeal. It seems like every seminar has the preserving the record speaker, the ethics speaker, and the professionalism speaker. You can tell […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2010-09-24 17:08:012010-09-24 17:08:01What Does it Mean to Preserve the Record for Appeal in Georgia
On the first day of this week’s foray into criminal trial practice, I wrote about what a felony trial has been teaching me about appellate practice. Then a rejoinder form a commenter made me think that blogging during trial was not the greatest idea. Yesterday, the trial resulted in a mistrial. An hour into deliberations, […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2010-09-23 17:16:002010-09-23 17:16:00More Appellate Lessons Learned from a Georgia Trial
This week, I am trying a criminal case. My practice is predominantly appellate, but I have brief forays into the work of criminal trial practice. And today began such a case. While it’s not appropriate to go deeply into the particulars, I think that jury selection today was particularly instructive. I don’t know whether this […]
There’s a side effect of having a robust appellate practice in Georgia. If you handled the appeal, and your client has a lengthy prison sentence, you will likely become a witness as your former client tries to demonstrate your ineffectiveness. In Georgia, the client has the right to effective assistance of counsel during the trial […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2010-09-16 06:39:572010-09-16 06:39:57The Importance of Being a Good Witness at a Habeas or Motion for New Trial
Law is a business. But it’s not just a business. It’s a calling that brings with it certain duties to advise with the client’s best interest above the lawyer’s profit motive. If there’s a theme that runs throughout the stories clients and families tell me at consultation, it’s hopelessness combined with desparation and mistrust. By […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2010-09-14 13:17:072010-09-14 13:17:07A Habeas Lawyer’s Duty to Discourage and Turn Down Certain Cases
at the New York Times website is disturbing. She cites a recent Pew Research Center poll where people were asked the current chief justice of the United States. To make the result even more disquiting, the test was multiple choice. And here were the choices: John Roberts Thurgood Marshall John Paul Stevens Harry Reid 53% […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2010-09-10 13:50:402010-09-10 13:50:40Why Appellate Judges Should be Appointed and Not Elected
Since I’ve started this whole blogging thing, I’ve made it a point to put fantastic bloggers who are great at it into my RSS Reader. Kendall Gray’s Blog, the Appellate Record, is a great resource even though he does his craft over in Texas. He always has something to teach me about writing, appellate strategy. […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2010-09-09 15:18:222010-09-09 15:18:22Dating Do’s and Don’ts for the Georgia Appellate Lawyer
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 […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2010-09-08 23:28:402010-09-08 23:28:40Supreme Court of Georgia Grants Cert. Petitions in Three Criminal Cases
The August break for the Supreme Court of Georgia is over. The Court is back in full swing next week with two days of oral argument to be followed by more argument the week after next. Earlier this week,famed convicted murderer Lynn Turner was found dead in her cell at Metro State Prison. What do […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2010-09-03 20:45:222010-09-03 20:45:22What I Learned from Supreme Court Information Officer Jane Hansen This Week
Say That Again: Getting the Most Out of Hearsay Objections
/by J. Scott KeyIf there’s one evidentiary issue that you will encounter in your next jury trial, it’s hearsay. It comes up all the time, and some lawyers and judges don’t have a firm grasp on it or its exceptions. Beyond that, trial lawyers often stop short of fully developing their record because they fail to make an […]
What Does it Mean to Preserve the Record for Appeal in Georgia
/by J. Scott KeyI’m off tomorrow morning to speak to the Henry County, Georgia, Bar Association. The topic is a good one after wrapping up a week of trial. That topic is preserving the record for appeal. It seems like every seminar has the preserving the record speaker, the ethics speaker, and the professionalism speaker. You can tell […]
More Appellate Lessons Learned from a Georgia Trial
/by J. Scott KeyOn the first day of this week’s foray into criminal trial practice, I wrote about what a felony trial has been teaching me about appellate practice. Then a rejoinder form a commenter made me think that blogging during trial was not the greatest idea. Yesterday, the trial resulted in a mistrial. An hour into deliberations, […]
Some Lessons from a Trial Appearance
/by J. Scott KeyThis week, I am trying a criminal case. My practice is predominantly appellate, but I have brief forays into the work of criminal trial practice. And today began such a case. While it’s not appropriate to go deeply into the particulars, I think that jury selection today was particularly instructive. I don’t know whether this […]
The Importance of Being a Good Witness at a Habeas or Motion for New Trial
/by J. Scott KeyThere’s a side effect of having a robust appellate practice in Georgia. If you handled the appeal, and your client has a lengthy prison sentence, you will likely become a witness as your former client tries to demonstrate your ineffectiveness. In Georgia, the client has the right to effective assistance of counsel during the trial […]
A Habeas Lawyer’s Duty to Discourage and Turn Down Certain Cases
/by J. Scott KeyLaw is a business. But it’s not just a business. It’s a calling that brings with it certain duties to advise with the client’s best interest above the lawyer’s profit motive. If there’s a theme that runs throughout the stories clients and families tell me at consultation, it’s hopelessness combined with desparation and mistrust. By […]
Why Appellate Judges Should be Appointed and Not Elected
/by J. Scott Keyat the New York Times website is disturbing. She cites a recent Pew Research Center poll where people were asked the current chief justice of the United States. To make the result even more disquiting, the test was multiple choice. And here were the choices: John Roberts Thurgood Marshall John Paul Stevens Harry Reid 53% […]
Dating Do’s and Don’ts for the Georgia Appellate Lawyer
/by J. Scott KeySince I’ve started this whole blogging thing, I’ve made it a point to put fantastic bloggers who are great at it into my RSS Reader. Kendall Gray’s Blog, the Appellate Record, is a great resource even though he does his craft over in Texas. He always has something to teach me about writing, appellate strategy. […]
Supreme Court of Georgia Grants Cert. Petitions in Three Criminal Cases
/by J. Scott KeyThe 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 […]
What I Learned from Supreme Court Information Officer Jane Hansen This Week
/by J. Scott KeyThe August break for the Supreme Court of Georgia is over. The Court is back in full swing next week with two days of oral argument to be followed by more argument the week after next. Earlier this week,famed convicted murderer Lynn Turner was found dead in her cell at Metro State Prison. What do […]