Tag Archive for: habeas

Removing the Stigma When You’ve Done Your Time

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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 was stopped in a small Georgia town by a local police officer. The officer found marijuana in his car. And my client was charged with a felony. He hired a lawyer who incorrectly advised him that he could enter a plea under Georgia’s First Offender Act and he would not be deported. The advice was wrong. And when my client hired me, he was one roadblock or stop sign violation away from detention and deportation. I filed a habeas corpus petition and began a series of meetings with the prosecutor. The habeas was granted and we ultimately arrived at a disposition that will likely work for him, according to his immigration lawyer.

This case is a reminder of what it means to be convicted of a crime. These cases are about far more than repaying your debt to society. A criminal conviction is a debt on which many default. In today’s New York Times, there is an editorial that discusses labels and the harm they do to citizens who have been convicted of crimes. Labels like “felon” or “ex-con” last long after the sentence is complete. And the potential collateral consequences of a conviction, even for some misdemeanors, is staggering.

In my case, it took my efforts, the help of an immigration lawyer,  a reasonable prosecutor, and a merciful judge to bLunt the impact on a young man and his family of a youthful mistake.

Places to Eat and See on Prison Visits in Georgia

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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 the restaurants and little oddities along the way. Those stories either earn me stares or the occasional interested exclamation of, “Tell me more. I’ll definitely check that place out if I ever find myself taking I-75 to Macon, then taking I-16 for 60 miles, exiting, driving on a two-lane road for an hour and a half, and I need a great lunch spot in a place that isn’t on the way to any place in particular.”

It has been suggested that I write a guidebook for habeas corpus attorneys for the best places to eat near Georgia prisons. Of course, I’m not sure that a publisher would agree to take on a book with an audience of about three people. That said, I do have some favorites. And maybe I can begin the first draft of that book here.

The Drug Store. Hands down, the very best prison visit food ever can be found at The Drug Store in downtown Reidsville, Georgia. That is actually the name of the drug store. It has an old school diner in the back. After a morning spent slugging it out with the Atty. Gen. or going through security, The Drug Store is a good way to return to the outside. The front of the place sells all of the things that women might give each other a bridal showers. There is lots of upscale University of Georgia merchandise, different bags and gifts, and other sundry that one might expect to find in a small town drugstore. But in the back at the grill you will find the best burger that you will find anywhere. The burgers there are absolutely huge. Note, do not go to the drugstore if you have to go back to court for further habeas corpus proceedings in the afternoon. You will fall asleep.

Zunzi’s. If you are lucky enough to have a client house at Coastal State Prison in Savannah, Georgia, then it is worth the trip on into town for lunch here. This place doesn’t look like much, but it sells pretty fantastic African food delivered to you in a Styrofoam box. Don’t miss the African Sweet Tea. This place is favored by Savannah College of Art and Design students and one hungry appellate and post-conviction lawyer. It is well worth the few extra miles down Interstate 16.

Paradise Garden. Now, to the other side of the state. This is not a restaurant recommendation as much as it is something to see. If you go to Hays State Prison, then you must go see the previous home and now Art Museum associated with primitive artist, Howard Finster. Weird and old time religious at the same time and utterly cool.

Yoder’s. This is a can’t miss restaurant for a visit to Macon State Prison in Oglethorpe/Montezuma, Georgia. It is a Mennonite restaurant serving up fine repast. Try to get there before the buses hauling elderly Baptist groups arrive. Even if you do, get in line. It’s worth the wait. Great grub, low prices, and a sincere waitstaff in period costume.

Cracker Barrel and Subway. I don’t love it, but if your prison visit doesn’t yield a great stop like some of the ones listed above, then you will end up at a Subway or Cracker Barrel. Either that or you will end up at that ubiquitous stable of small-town breakfast, lunch, dinner, snacks that is the downtown Dairy Queen. If you’ve really taken a drubbing from the Atty. Gen., a dipped cone on your way back north up interstate I 16 can make things seem somehow better. Two bites into this chocolate and vanilla goodness, and you’ll be saying to yourself, “that wasn’t so bad. After all, the judge didn’t say no. He wants to read a brief, and I just know I can turn him around with that brief.”

There are other haunts that I love on prison visits and habeas corpus trips. Perhaps I will post others on a slow blog day. But these are my absolute top. Feel free to post any suggestions you have for prison visit gems.

 

Georgia Habeas Corpus and the 1st Amendment

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The Volokh Conspiracy has post up about Strine v. Delaware Coalition for Open Government, Inc., a case the tests whether a Delaware statute that provides that judges may act as arbitrators in civil cases is constitutional under the First Amendment where the arbitration sessions are closed to the public.

Professor Volokh give a little background about the first amendment and the courtroom setting:

Nonetheless, the Court has created a First Amendment right of access to certain judicial proceedings, especially criminal trials (Richmond Newspapers, Inc. v. Virginia (1980)), jury selection in criminal trials (Press-Enterprise Co. v. Superior Court (I) (1984)), certain preliminary hearings but not grand jury hearings (Press-Enterprise Co. v. Superior Court (II) (1986)), and possibly also civil trials (Richmond Newspapers). To determine which proceedings qualify, the Court generally looks to whether “the place and process have historically been open to the press and general public” and “whether public access plays a significant positive role in the functioning of the particular process in question” (Press-Enterprise (II)).

His background goes on to discuss Presley v. Georgia, a per curium opinion that held that a restriction on access to a DeKalb County, Georgia, courtroom during voir dire was unconstitutional.

A more interesting Supreme Court case might be made of the typical rural Georgia habeas corpus proceeding. It’s rare that I attend a habeas proceeding inside a courthouse anymore. There has been a move to conduct habeas proceedings inside of day rooms, cafeterias, and faux courtrooms inside the prison.

A recent habeas hearing I attended may illustrate the experience. The courtroom was inside a secured building with rows of fencing and razor wire. To get in, I had to push a button and announce over an intercom that I was a lawyer with a case. The gate opened, and I made my way into the area where I surrendered my car keys and identification for a visitor’s badge. A door made of bars slid open as I entered. Then I went through two sets of locking doors to find the courtroom, where a folding cafeteria table served as the judge’s bench and attorneys and witnesses were provided with plastic chairs. To be fair, I suppose that members of the public may have been let in had they just shown up and requested access. But the setting didn’t seem like an open courtroom. For one, we were not in the county seat. For another matter, we were in a privately-owned prison. The deputies and bailiffs were corporate corrections officials. Our courtroom did not bear the seal of the State of Georgia. Rather, a birthday banner celebrating the facility’s fifteenth birthday (who knew that prisons were born) was hung behind the judge.

Counsel for habeas petitioner must choose our battles. The battle is uphill as it is. I’ve never brought a first amendment challenge to the setting of habeas proceedings inside of prisons. If, for no other reason, I’ve anticipated the response might be, “Very well, Mr. Key. We will move Mr. Smith’s case over to the courthouse. Let’s see how your hearing goes now.” The last sentence in might not be spoken aloud. The judge’s response might be that any member of the public brave enough to walk the gauntlet into the courtroom would be welcome to attend the proceedings. Therefore they are open.

I’ve never had the right set if facts or the desire to sacrifice my client’s possible chances of success in a habeas year to the First Amendment principle. But there may be such a principle at stake in some of these proceedings.

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Madison, GA 30650

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