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Criminal Law

Georgia Criminal Law Blog

For people accused of crimes in Gerogia and the lawyers defending them.
By Rob Leonard and John Barrett

Post Frequency: 3.3/day

Last Entry: June 04, 2010 at 17:19:40

Padilla v. Kentucky - Why defense lawyers need to learn immigration law.

Posted on June 04, 2010
We?ve all done it. Every single one of us has handled a criminal case for a non-citizen. The case has been worked up, investigated, prepared for trial, negotiated with the State. You have investigated all defenses and together you and your client decide, ?Let?s take the deal...

Judge Clayton?s calendar call June 24, 2010

Posted on May 27, 2010
Judge Clayton’s office has asked me to help disseminate this order. Click here for the Order

Common Objections to Prosecutors Closing Argument

Posted on April 23, 2010
Click here for the document.common-closing-argument-objections.pdf

Judge Clayton?s calendar call April 29

Posted on April 13, 2010
For Lawyers on this calendar. The Judge has me to help her distribute this Order. Pre-trial order

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SCOTUS - Briscoe v Virginia

Posted on January 25, 2010
Today in an per curiam decision, the United States Supreme Court reversed the Virginia Supreme Court and remanded the case to Virginia in light of Melendez-Diaz v. Massachusetts. This is good news for the lawyers and defendants everywhere that wish to challenge scientific evidence in their trials...

Arizona v Gant - limitation of search incident to arrest

Posted on April 21, 2009
Arizona v. Gant - Click here to read the full opinion.Today the U.S. Supreme Court limited the circumstances under which officers may search the passenger compartment of a vehicle after it’s driver had been arrested. The Court ruled that an officer can only search a vehicle if it is for officer safety or if there [...

Helio Castroneves acquitted on tax evasion charges

Posted on April 18, 2009
After a 7 week trial, Helio Castroneves was acquitted of the federal tax evasion charges he was facing. The two time Indy 500 winner and Dancing with the Stars Champion had this to say after the trial: It’s been a long seven weeks. I’m a foreign person and I’ve been judged in a foreign country...

Police Officer?s conviction overturned in the Kathryn Johnston case.

Posted on January 15, 2009
http://www.ajc.com/metro/content/metro/atlanta/stories/2009/01/15/tesler_conviction_overturned.html?cxntlid=homepage_tab_newstab

The whittling away of the exclusionary rule

Posted on January 14, 2009
Today the U.S. Supreme Court decided Herring v US The Court basically extended the good faith exception to the exclusionary rule to cases where the police make negligent decisions that violate the Fourth Amendment.

Brian Nichols avoids the death penalty - what now?

Posted on December 13, 2008
Today Judge Jim Bodiford sentenced Brian Nichols to four life sentences without parole, seven life sentences plus 485 years all running consecutive to one another. Brian Nichols will never see the outside world again. The Judge suggested that the Feds house him at the Federal Supermax prison in Colorado, although he has been convicted of [...

Another Great Order

Posted on June 09, 2008
Once in a while you come across something that is just too funny to not pass on to others. This has nothing to do with criminal law, but this Judge certainly sounds like he has a good sense of humor. For those of you not familiar with Texarkana, it is situated on the state line [...

More on Curtis Osborne who is scheduled for execution Wednesday - Time Magazine

Posted on June 02, 2008
By David Von Drehle (click here for link) In 1990, Curtis Osborne, a small-time cocaine dealer and addict, killed two people in a dispute over $400. His crime revulsed the town of Griffin, Georgia, one measure of which was the bigoted remark a local inmate reported hearing at the jail: “That little nigger deserves the chair...

Quote of the day

Posted on June 02, 2008
“We interpret ambiguous criminal statutes in favor of defendants, not prosecutors.” Justice Antonin Scalia in US v. Santos decided June 2, 2008.

Georgia Death Penalty - recent cases in the news

Posted on June 01, 2008
On the heels of commuting Samuel David Crowe’s sentence to life without parole, the Georgia Board of Pardons and Paroles is being asked to spare another defendant’s life. Curtis Osborne has an execution date of June 4, 2008. Among his claims are the allegation that his court appointed lawyer, Johnny Mostiler,was a racist [...

An interesting approach to physical fitness in prison

Posted on May 28, 2008
This video (and 23 others) have been filmed in a prison in the Philippines. They call it a “non-violent” approach to rehabilitation. Hey if you got to go to prison…might as well learn to dance while you are there.

Crooked Cop goes to prison

Posted on May 23, 2008
Atlanta cop sentenced to 4½ years in prison Associated Press ATLANTA (AP) ? A city police officer was sentenced Thursday to 4½ years in prison for lying to investigators about a botched drug raid that ended in the shooting death of a 92-year-old woman...

Attorney Client Privilege

Posted on April 16, 2008
CHICAGO - For nearly 26 years, the affidavit was sealed in an envelope and stored in a locked box, tucked away with the lawyer’s passport and will. Sometimes he stashed the box in his bedroom closet, other times under his bed. It stayed there ? year after year, decade after decade...

Pa. judge sentences 3 to learn English

Posted on March 27, 2008
A judge known for creative sentencing has ordered three Spanish-speaking men to learn English or go to jail. The men, who faced prison for criminal conspiracy to commit robbery, can remain on parole if they learn to read and write English, earn their GEDs and get full-time jobs, Luzerne County Judge Peter Paul Olszewski Jr...

Harper v. Daubert - the answer to an equal protection problem

Posted on March 10, 2008
See Opinion here. Mason et. al. v. Home Depot et. al; S07A1486 The issue is that the standard for experts in a criminal case is governed by a Georgia case called Harper. The standard in civil cases is governed by Daubert, a federal case. The court holds that it is not an equal protection violation because all criminal [...

New Jersey Abolishes the Death Penalty

Posted on December 17, 2007
Read the Yahoo.com article here.

Georgia seeks to toughen parole rules.

Posted on November 09, 2007
ATLANTA (AP) _ Georgia’s crowded prison population is expected to swell even larger over the next few years under new parole guidelines designed to keep the state’s worst violent offenders behind bars longer. The state Board of Pardons and Paroles on Thursday gave tentative approval to new rules that would use a formula aimed at calculating [...

Kid Rock arrested.

Posted on October 22, 2007
This is from WSB. DeKalb County police and many others want to see exactly what recording artist Kid Rock was doing at a local Waffle House restaurant.Police say musician Kid Rock was arrested after a brawl at the restaurant and spent about 12 hours in jail before being released on bond...

UNIFORM CODE OF MILITARY JUSTICE, ARTICLE 32 VS. THE CRIMINAL GRAND JURY

Posted on October 18, 2007
A U.S. Marine from the metropolitan Atlanta Area has been in our local news lately because he has been charged by the military with the murder in connection with a military operation in Iraq in which he was involved. He is currently at a Marine base in Hawaii where his court martial and related [...

Cobb County Jail clamps down on illegal aliens

Posted on July 29, 2007
Story from the AJC here. Maria Rivera sits in the Cobb County Jail, facing deportation after a traffic stop. If the Mableton mother of three, who is here illegally from Mexico, had been pulled over in any other county in Georgia, she likely would have bailed out and gone on with her life...

Douglas County DA David McDade is taking some heat for his handling of the Wilson case.

Posted on July 12, 2007
Below is a story from the Associated Press. David McDade has handed out some 35 copies of a video of teenagers having sex at a party. McDade is no porno kingpin, but a district attorney. And he says Georgia’s open-records law leaves him no choice but to release the footage because it was evidence in one of [...

New Jersey man?s conviction overturned after serving 22 years for a crime he didn?t commit.

Posted on July 09, 2007
Story from MSNBC here. DNA evidence has exonerated its 205th American that has served time for a crime that they did not convict. He confessed after 30 hours of interrogation. We need to take a hard look at police interview tactics in this country.

John Mark Karr arrested in Sandy Springs

Posted on July 09, 2007
A simple battery wouldn’t normally be news around here, but the media is still fascinated by John Mark Karr. He is the man that falsely confessed to the killing of Jon Benet Ramsey. Read the story here from Yahoo.

Violent Crime rises in Marietta

Posted on June 06, 2007
http://www.mdjonline.com/articles/2007/06/06/268/10261150.prt

The Presumption of Guilt

Posted on April 11, 2007
You can’t really have a blog dedicated to criminal defense work and not mention the Duke “rape” case today. As everyone with a radio or television knows, the charges against these young men were dismissed today. There lives however have been changed forever...

Bond Reduced For Accused ?Barbie Bandit? - News

Posted on March 29, 2007
Bond Reduced For Accused ‘Barbie Bandit’ - News Heather Johnston’s bond was reduced to $10,000.00 for the theft in which she was involved. She was also ordered to live with her parents and obey a strict cerfew. Apparantly, after the high-profile theft, they gave some money to the homeless.

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