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Beyond A Reasonable Doubt is Only a Criminal Law Concept

In the wake of recent stories in the Washington Post where women have accused Republican Senate candidate Roy Moore of inappropriate sexual contact with them when they were teens and when Mr. Moore was in his 30s, there has been much discussion of the legal concepts of “innocent until proven guilty” and “proof beyond a…
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Storytelling: The Why and the How

One of my favorite bloggers on trial advocacy is Mark Bennett. Mark has written a series of great posts at Simple Justice, Scott Greenfield’s blog on the topic of opening statements. Mark offers 11 rules for better opening statements. One tip is to limit your opening statement to fifteen minutes. From experience, this is a…
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Some Great Advice from a “Door Lawyer”

I heard some great advice a few days ago in an unexpected place — a county jail. I was there for a bond hearing and preliminary hearing. And it was the typical scene. Inmates were everywhere. Law enforcement agents were lining the walls as they awaited their hearing. The DA was there with a huge…
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Defending the Worth County Sheriff

I make no judgment here about whether the Worth County Sheriff is a good man, a good sheriff, or whether it was a good idea to lock down a high school and conduct a massive drug search of the student body without probable cause (he sounds like he has poor judgment). I write about whether…
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Some Modest Proposals for Prisons Throughout the Land

I spend hours of time at least once a month traveling to various prisons around the State of Georgia. Most of these facilities are far away and involve travel deep down Interstate 16. Very little substantive progress is made on cases in these visits. They tend to be venting/counseling sessions. And, for an hour or…
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Using PowerPoint for Presentations to the Bench

A few weeks ago, I assisted on a multi-day motion for new trial hearing in Barrow County, Georgia. My co-counsel used a PowerPoint to present his opening statement. I had not thought of using a PowerPoint in a bench proceeding, but I have frequently used them in jury trials. My colleague did such a great…
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Rickman Offers Insight into How Young Appellate Judges Read Briefs and Motions

Today, I cut a weekend beach trip short to come to Macon to attend a one-day meeting and seminar for a group of Georgia DUI lawyers. My family returned home later, but I traveled up I–16 to a farm in Macon. Instead of the typical hotel ballroom environment, we met at a farm cabin on some…
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Building a Cross Around Refreshing Recollection

A few days ago, I was preparing for cross-examination. The event never happened because the  hearing was terminated on a technical point before the other side could put on any witnesses. But court preparation is never a waste. All the research you do for it keeps until later. Here are a few things I learned…
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All Jail Visits Should Be Like This

Last night, I attended the Griffin Historical Society’s “Drink in History” event at the old Griffin Jail, featuring the fine products of the Jailhouse Brewery. I had spent my entire afternoon at the new Spalding County Courthouse, and this event was in a building that was once the old Spalding County Courthouse, from approximately 1860 unit…
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A Quick Explanation of the Holding in the New SCOG DUI Case

There has been much talk in the media about Olevik v. State. My algebra teacher long ago would make me “show my work” on tests and sometimes at the chalkboard. I’ve linked to the opinion where you can see where the Supreme Court has shown its work in 49 pages of legal writing.  But I’ll…