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 […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2019-02-25 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 […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2019-02-20 17:47:002019-02-20 17:47:00Recent Argument at the Georgia Court of Appeals
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, […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2019-02-20 13:57:482019-02-20 13:57:48Roundup and Update on a Recent Amicus Success
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 […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2019-02-17 11:30:452019-02-17 11:30:45AJC Piece on Speaker Ralston Includes Major Flaws
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. […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2019-01-24 19:59:462019-01-24 19:59:46Enough with the Allen Charges — Readable and Entertaining 11th Cir. Opinion
I was at the Georgia Supreme Court for argument on a habeas case today. This was my first appellate argument of 2019. I’ll be at the Georgia Court of Appeal on February 12. You’ll find a link to the recording here. I won’t comment on a pending matter except to say that this is a […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2019-01-22 21:03:322019-01-22 21:03:32Today’s Argument at the Georgia Supreme Court
Appellate lawyers are rarely the first lawyer on the case. Sometimes, the trial lawyer stays on for the appeal. And sometimes the appellate lawyer was part of the trial team. But appellate lawyers are very often the lawyer who renders a second opinion. Frequently trial and appellate lawyers are consulted to render a second opinion […]
I’ve spoken at 2 CLEs in the last few weeks. Both presentations were to groups of public defenders. The first was on the topic of preserving a record on appeal. And the second was on motions practice in child abuse cases. Whenever I speak on these topics, I invariably hear the same response from folks […]
The AJC Doubles Down on its Flaws from the Original Ralston Piece
/by J. Scott KeyIn 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 J. Scott KeyI 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 J. Scott KeyI’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 J. Scott KeyThe 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 J. Scott KeyThe 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 J. Scott KeyAt 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 J. Scott KeyI 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. […]
Today’s Argument at the Georgia Supreme Court
/by J. Scott KeyI was at the Georgia Supreme Court for argument on a habeas case today. This was my first appellate argument of 2019. I’ll be at the Georgia Court of Appeal on February 12. You’ll find a link to the recording here. I won’t comment on a pending matter except to say that this is a […]
Some Advice Regarding Second Opinions
/by J. Scott KeyAppellate lawyers are rarely the first lawyer on the case. Sometimes, the trial lawyer stays on for the appeal. And sometimes the appellate lawyer was part of the trial team. But appellate lawyers are very often the lawyer who renders a second opinion. Frequently trial and appellate lawyers are consulted to render a second opinion […]
Gathering Rulings and Quotations
/by J. Scott KeyI’ve spoken at 2 CLEs in the last few weeks. Both presentations were to groups of public defenders. The first was on the topic of preserving a record on appeal. And the second was on motions practice in child abuse cases. Whenever I speak on these topics, I invariably hear the same response from folks […]