Opinions and Analysis
The Sane Branch of Government
We live in strange times. But I still have faith in the judiciary and in lawyers. It took us just over a week of the Trump presidency to reach our first constitutional crisis, and the judiciary seems to be keeping its head. That branch of government will be tested in the months and years to…
Read MoreBest Argument For And Against Recording in the Courtroom
Georgia superior court judges have pursued some polarizing changes to the way they are regulated. Now, they want to impose strict restrictions on the public’ ability to record what happens in open court. On January 17, 2017, they will begin considering a new superior court rule that will give Georgia judges unprecedented control over their…
Read MoreCell Phones, The Fourth Amendment, and the Fifth Amendment
Yesterday, I spoke at a continuing legal education conference for the Georgia Association of Criminal Defense Lawyers. The topic was searches of cell phones incident to arrest. I also discussed the Application of the fifth amendment protection against self-incrimination when a suspect is compelled to provide a passcode to unlock a cell phone or to…
Read MoreBreaking into Appellate Law
A few days ago, a newly-minted attorney asked me about what it takes to become an appellate attorney. I was initially at a loss for an answer. I never exactly set out to do this for a living. In law school, I was quite sure that I would be a trial lawyer. Only now am…
Read MoreThe Conscription of Apple Engineers into Government Service
Before this week, I had never heard of the All Writs Act of 1789. As I understand from the news accounts I have read this week, a Federal Magistrate cites it as authority to order Apple to develop software that law enforcement can then use to break into an iPhone. For anyone who’s ever dealt…
Read MoreWhy I (Sort of) Like Atlanta Municipal Court
Picture it. It’s 7:30 in the morning. I’m downtown in Atlanta. It’s about to rain again. It’s the week between Christmas and New Years. I pull into a parking deck that I have to myself. And I walk over to court for what is now my third appearance on a misdemeanor case. And about an…
Read MoreThe Atlanta Federal Courthouse Should Retain its Name as The Russell Building
I have read two editorials in the Fulton Daily Report in the last week or so. The first was written by a Federal Defender who believes that the building should not be named after former Georgia Senator Richard B. Russell because of his legacy in support of segregation. The second was a response by former…
Read MoreNew SCOTUS Case Will Have Big Impact on Some Georgia Sex Offenders
In a per curium opinion (pdf), the United States Supreme Court has held that the placement of a tracking device on a person is a search within the meaning of the Fourth Amendment, even if the person is compelled for life to wear the device as part of a sentence. As summarized by Robinson Meyer…
Read MoreDoes the Jury Have the Right to Know About Mandatory Minimums?
Jarvis Taylor was on trial for committing an armed robbery with an air gun. Because his prior criminal history included theft by receiving stolen property, possession of a tool for the commission of a crime, and aggravated assault for his actions during a jail riot, a conviction for the armed robbery would have meant a…
Read MoreIf Juries Could Impose the Sentence
In Georgia, juries generally don’t get to decide the sentence. Only where the State is seeking death does the jury get a hand in sentencing. Not only do Georgia juries not get a say in sentencing decisions, our law is designed not to let them know a great deal about what might happen at sentencing.…
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