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This post is part of a series on legal writing. I suspect that what follows in the next few days will be contrarian and controversial. People aren’t logical. The ones of us who think we are logical are most susceptible to an emotional appeal. If we were swayed by logic, then political and theological opinions…

This post is part of a series on legal writing. I suspect that what follows in the next few days will be contrarian and controversial. People are not logical. And there is an inverse relationship between how emotion-driven you are and how logical you perceive yourself to be. Trust me on this one. Or close…

This post is the first in a series on legal writing. I suspect that what follows in the next few days will be contrarian and controversial. When I started law school, I thought I was hot stuff. I majored in English in college. I knew a bunch of fancy literary terms as well as the…

There is an important new case that changes the law concerning motions to modify sentence in Georgia. In Gray v. State, a case published on August 26, 2019, the Court of Appeals held that trial courts lose jurisdiction, under O.C.G.A. Section 17-10-1(f), to modify criminal sentences following either 120 days after the remittitur where there…

Yesterday, appeared as an expert witness in the United States District Court for the Middle District of Tennessee on a 2255 hearing that involved a question of ineffective assistance of counsel at the plea bargaining stage. Essentially, the question for the Court was whether counsel’s advice led to Federal jury trial that should never have…

I don’t know that I’m a serious meditator. I’d confidently call myself a dabbler in meditation who is hopeful to be more than that one day. I’ve experimented with various apps to assist me. And I give you this brief report from the field. Also, I’d be remiss if I didn’t relate this back to the…

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…

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…