11th Circuit: Lawsuit Against Clayton County, GA DA Can Move Forward
11th Circuit Court of Appeals, Blog, News
|Bill Rankin at the AJC reports that the 11th Circuit Court of Appeals has reversed a Federal District Court’s dismissal against former Clayton County District Attorney for an alleged violation of his First Amendment right to Free Speech. This is the latest chapter in what was a debacle of a tenure for. Mrs. Scott as…
Honorable Debra Bernes Dies at 54
Blog, Georgia Court of Appeals, News
|The Honorable Debra Bernes has died of cancer at the age of 54. Bill Rankin at the Atlanta Journal Constitution has posted an article on her passing and her career. Judge Bernes will be remembered for many things including her illustrious, albeit too short career on the Georgia Court of Appeals. Before beginning her service on the…
A New Approach to Felony Murder and a New Template to Attack Precedent in Georgia
Blog, Opinions and Analysis, Supreme Court of Georgia
|There are two big stories in the Georgia Supreme Court’s decision in Jackson v. State. The first is that the rule of causation for felony murder that had been in place for thirty years has been changed. The second is that the majority has provided a framework for any appellant to use in future cases…
Timing Problems for Getting Retained on Georgia Appeals
Blog, Preservation of Error, Writing
|One of the problems with appellate law is that clients either show up too late or early. Some clients show up too late and too early. Too late is after the trial attorney has screwed things up, after a deadline has passed, or after the client took things into his own hands and dabbled in…
AJC and Politifact Rate Georgia Attorney General Campaign Ad False
Blog, News
|Rob Teilhet’s controversial ad has made state and national news. According to the AJC and PolitiFact, the ad is “false.” In an interview with done by Andy Peters with the Fulton Daily Report, Mr. Teilhet claims that he is more experienced than candidate Ken Hodges on the issues that matter most to being Attorney General.…
Hames Case From Ga. Supreme Court Haunts Original Lawyer
Blog, State Habeas Corpus, Supreme Court of Georgia
| The Walton County Examiner features an interview with Anthony Carter, Joshua Hames’s original lawyer. Mr. Hames just had his conviction for felony murder related to a hunting accident over seven years ago, reversed on appeal In that interview, Mr. Carter explains that the case still haunts him and that he followed it after he…
Hodges: Rival Attorney General Candidate is Sleazy
Blog, News
|As I predicted a few days ago, the Attorney General race has made a decidedly ugly turn. Mr. Hodges has responded with an attack ad of his own, referring to the fact that a newspaper (check out the source: it’s Creative Loafing, available on the news-stand outside your local head shop or artsy pizza joint)…
Supreme Court of Georgia Changes Approach to Sentencing After Appeal
Blog, News, Opinions and Analysis, Supreme Court of Georgia
|In Adams v. State.pdf, the Supreme Court of Georgia held that it is appropriate for a sentencing judge, after a reversal for judicial error, to impose a greater sentence on an individual count as long as the sentence in the aggregate is not increased. The dissent, consisting of three justices, reasons that the Court’s holding…
Superior Court Judge Says Georgia Indigent Defense is Broken
Blog, News
|Before today, I had never seen an Order styled “Court’s Analysis of Indigent Defense System.” Judge J. David Roper of Richmond County, Georgia entered this document into the record on the same day that he entered a consent order involving a suit between the Southern Center for Human Rights and the Georgia Public Defender Standards…
Passing of Former Chief Justice of Georgia Supreme Court
Blog, Supreme Court of Georgia
|The Atlanta Journal and Constitution reports that Harold Nelson Hill, Jr., former Georgia Supreme Court Chief Justice, passed away at his lake home on July 5. Senior U.S. District Court Judge Willis Hunt called him “a stellar member of the Supreme Court.” Justice Hill began serving on the Supreme Court in 1975 and served as…