State Habeas Corpus
Today’s Argument at the Georgia Supreme Court
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…
Read MoreA Death Sentence for Want of a Lawyer
In today’s New York Times, former Chief Justice Norman Fletcher has written an editorial denouncing the upcoming execution of the Georgia inmate sentenced to death in 1990. Chief Justice Fletcher is particularly concerned about the fact that the inmate lost out on the possible federal review of this case. The inmate, while representing himself, missed…
Read MoreRemoving the Stigma When You’ve Done Your Time
Last week, I was able to help a young man stay in the country rather than be deported to a land where he has few ties. The young man is officially a citizen of a foreign country. But he is practically an American, having grown up in Georgia and with all of his family here. Several months ago, he…
Read MorePlaces to Eat and See on Prison Visits in Georgia
Part of the job I love the most is travel. I don’t mean exotic glamour travel. When I say travel, I’m talking about prison visits. And when I talk about prison visits, I’m talking about South Georgia (and sometimes Northwest Georgia). When I come back to the office, I can’t help but tell people about…
Read MoreVideo Arraignments are a Step in the Right Direction
Above the Law has a good recent post on the use of video arraignments and how judges find that the process makes them feel safer. I don’t know whether video Arraignments make the process any safer or not. But the process certainly makes the process more efficient. In fact, many of the rituals of court…
Read MoreThe Importance of Being a Good Witness at a Habeas or Motion for New Trial
There’s a side effect of having a robust appellate practice in Georgia. If you handled the appeal, and your client has a lengthy prison sentence, you will likely become a witness as your former client tries to demonstrate your ineffectiveness. In Georgia, the client has the right to effective assistance of counsel during the trial…
Read MoreA Habeas Lawyer’s Duty to Discourage and Turn Down Certain Cases
Law is a business. But it’s not just a business. It’s a calling that brings with it certain duties to advise with the client’s best interest above the lawyer’s profit motive. If there’s a theme that runs throughout the stories clients and families tell me at consultation, it’s hopelessness combined with desparation and mistrust. By…
Read MoreGeorgia Habeas Corpus in a Mindmap
I am helping out at Mercer University Law School by teaching a course there called the Habeas Project as a fill-in. The course is more of a small law firm than it is a class. Eight 2Ls and 3Ls work on real cases involving habeas corpus cases at the trial court level and on appeal,…
Read MoreHames Case From Ga. Supreme Court Haunts Original Lawyer
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…
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