It’s not an easy gig to be a ref. And it gets harder every day. That is the thesis of “Ref, You Suck!” an episode in Michael Lewis’s new podcast series, Against the Rules. The episode explores a set of dilemmas, summarized in a perfect tagline courtesy of Lewis’s child: “Don’t pick sides, unless it’s […]
It may be that putting pen to paper is the perfect way to compose first drafts. Tim Ferriss’s interview with Neil Gaiman has made me rethink my approach to drafting briefs and motions. Neil Gaiman is my favorite fiction author. And I loved much of his approach to writing, from the habits he uses to […]
On the subject of peak competitive performance, I heard pretty much the same advice from two very different places this week — a seasoned appellate lawyer in one venue and a seasoned athlete in another. This semester, I’m teaching Georgia Appellate Practice and Procedure with Chief Judge Stephen Dillard of the Georgia Court of Appeals. This […]
00admin/wp-content/uploads/SK-Logo-Black-White.pngadmin2019-03-30 06:17:012019-03-30 06:17:01Sage Advice on Gaining a Competitive Edge from Mike and Mo
In a follow up story to the one published in last’s weeks AJC, Chris Joyner and Johnny Edwards have doubled down on some of the flaws from the original story. The writers continue to blame defense counsel Speaker Ralston solely for delays in his criminal cases. They take the additional step of taking him to […]
00admin/wp-content/uploads/SK-Logo-Black-White.pngadmin2019-02-25 10:19:582019-02-25 10:19:58The AJC Doubles Down on its Flaws from the Original Ralston Piece
I haven’t had an argument at the Georgia Court of Appeals in quite some time. It was good to be back. I won’t comment on the substance of a pending case before the Court. Instead, I’ll mention time management. My fifteen minutes went by quickly. And, as I tried to wrap up, there were additional […]
I’ll write more on this case later, but I wanted to provide a quick update on a recent case. This week, the Supreme Court of Georgia held that the State cannot use against defendants in DUI trials evidence of their refusal to take a chemical test. While the United States Supreme Court has held otherwise, […]
The front page story of today’s Atlanta Journal-Constitution accuses Georgia House Speaker David Ralston of using his position as speaker of the House to gain an advantage over the State in his criminal defense practice. An accompanying broadcast report cites “obscure law,” O.C.G.A. Section 17–8–2, as the evil tool that Speaker Ralston is using to […]
The weekend edition of USA Today leads with a story on the sanctions law schools are facing based upon poor bar passage rates. The ABA will convene a conference to require accredited schools to ensure that at least 75% of graduates pass the bar within two years. Right now 75% of student must pass the […]
At yesterday’s GACDL Winter Seminar, Dean Strang spoke, not so much on Making a Murderer but on systemic failures of the criminal justice system that are on display in the documentary series. Those issues include poverty, the fact that the treatment of juveniles has not caught up with the research on brain development, and issue […]
I enjoy reading opinions by Eleventh Circuit Judge, Ed Carnes. And Brewster v. Hetzel may be my new favorite. It’s a rare habeas case out of Alabama (or anywhere) where the habeas petitioner wins. And the subject matter is a deadlocked jury and the lengths a trial court went to flip the holdouts for acquittal. […]
00admin/wp-content/uploads/SK-Logo-Black-White.pngadmin2019-01-24 19:59:462019-01-24 19:59:46Enough with the Allen Charges — Readable and Entertaining 11th Cir. Opinion
The Era of Attacking the Referee
/by adminIt’s not an easy gig to be a ref. And it gets harder every day. That is the thesis of “Ref, You Suck!” an episode in Michael Lewis’s new podcast series, Against the Rules. The episode explores a set of dilemmas, summarized in a perfect tagline courtesy of Lewis’s child: “Don’t pick sides, unless it’s […]
Neil Gaiman and the Joys of Drafting with Pen and Paper
/by adminIt may be that putting pen to paper is the perfect way to compose first drafts. Tim Ferriss’s interview with Neil Gaiman has made me rethink my approach to drafting briefs and motions. Neil Gaiman is my favorite fiction author. And I loved much of his approach to writing, from the habits he uses to […]
Sage Advice on Gaining a Competitive Edge from Mike and Mo
/by adminOn the subject of peak competitive performance, I heard pretty much the same advice from two very different places this week — a seasoned appellate lawyer in one venue and a seasoned athlete in another. This semester, I’m teaching Georgia Appellate Practice and Procedure with Chief Judge Stephen Dillard of the Georgia Court of Appeals. This […]
The AJC Doubles Down on its Flaws from the Original Ralston Piece
/by adminIn a follow up story to the one published in last’s weeks AJC, Chris Joyner and Johnny Edwards have doubled down on some of the flaws from the original story. The writers continue to blame defense counsel Speaker Ralston solely for delays in his criminal cases. They take the additional step of taking him to […]
Recent Argument at the Georgia Court of Appeals
/by adminI haven’t had an argument at the Georgia Court of Appeals in quite some time. It was good to be back. I won’t comment on the substance of a pending case before the Court. Instead, I’ll mention time management. My fifteen minutes went by quickly. And, as I tried to wrap up, there were additional […]
Roundup and Update on a Recent Amicus Success
/by adminI’ll write more on this case later, but I wanted to provide a quick update on a recent case. This week, the Supreme Court of Georgia held that the State cannot use against defendants in DUI trials evidence of their refusal to take a chemical test. While the United States Supreme Court has held otherwise, […]
AJC Piece on Speaker Ralston Includes Major Flaws
/by adminThe front page story of today’s Atlanta Journal-Constitution accuses Georgia House Speaker David Ralston of using his position as speaker of the House to gain an advantage over the State in his criminal defense practice. An accompanying broadcast report cites “obscure law,” O.C.G.A. Section 17–8–2, as the evil tool that Speaker Ralston is using to […]
The Law School Admissions Game
/by adminThe weekend edition of USA Today leads with a story on the sanctions law schools are facing based upon poor bar passage rates. The ABA will convene a conference to require accredited schools to ensure that at least 75% of graduates pass the bar within two years. Right now 75% of student must pass the […]
Dean Strang and Social Media
/by adminAt yesterday’s GACDL Winter Seminar, Dean Strang spoke, not so much on Making a Murderer but on systemic failures of the criminal justice system that are on display in the documentary series. Those issues include poverty, the fact that the treatment of juveniles has not caught up with the research on brain development, and issue […]
Enough with the Allen Charges — Readable and Entertaining 11th Cir. Opinion
/by adminI enjoy reading opinions by Eleventh Circuit Judge, Ed Carnes. And Brewster v. Hetzel may be my new favorite. It’s a rare habeas case out of Alabama (or anywhere) where the habeas petitioner wins. And the subject matter is a deadlocked jury and the lengths a trial court went to flip the holdouts for acquittal. […]