Questions about Senate Bills and House Bills
Thoughts on inquiries about passed legislation.
First Offender Act and Traffic Violations
First Offender Act on Traffic Violations?
Sean Black Secures Not Guilty Verdict in Child Molestation Case
Trial Report - Not Guilty on Child Molestation Charge
Changes in Georgia Marijuana and Hemp Laws
A quick review of SB 494 (2024) making changes in the hemp and marijuana laws for the state of Georgia.
Can MCCD Officers Pull Over non-Commercial Motor Vehicles?
MCCD Officers can enforce the traffic laws generally.
Case Note: How Particular is Enough in Motions to Suppress?
Motions to suppress must include some details but are not required to limit the number of attacks being made on the search and seizure.
Attorney Best Practices: Email Don't
Attorneys have a duty to keep clients informed about what is happening in their case. Email is a fantastic tool to communicate with clients. More complicated issues can be presented and outlined. Graphic images can be incorporated. Documents can be attached. All without the hassle of playing ...
Google Geofence Warrants Could Be an Endangered Species
Google may be taking steps to protect users' privacy which will end geofence warrants directed at Google. Other privacy concerns will continue to exist.
Saying "This is not my backpack" is Abandonment
Remain silent as to questions you are not required to answer during traffic stops. Anything you say can be used against you and can take away the opportunity to challenge a search of the person, vehicle or the vehicle's contents.
True Threats:Â When Does Free Speech Become a Crime?
Prosecutions for threats must meet the requirements of "true threats" under constitutional jurisprudence including proof of at least a reckless intent.
US Supremes Come for Bruton Rights
US Supreme Court says that Bruton issues can be resolved with robust redactions and jury instructions and that severance is not necessary.
US Supremes Expand Immigration Aggravated Felonies
Obstruction of justice offenses do not require an ongoing investigation or proceeding. Convictions for such an offense that include a sentence of one year or more will trigger removal (deportation) from the United States.
In Georgia, Cocaine is a a Narcotic
Georgia statute defines narcotic drug to include opiates (natural and synthesized) and cocaine. Cocaine does not fit within the medical definition of narcotic.
Clients Have to Protect Attorney-Client Privilege Too!
Confidential communications need to be protected by attorneys and clients.
Georgia Court of Appeals Finds Standard Sex Offender Condition Unconstitutional
Sexual offender form special condition related to probationer contact with minors found to be unconstitutional.
New Appellate Decision Finds COVID Delay of Trial is Neutral
Early Georgia case on constitutional speedy trials will not hold pandemic-caused suspension of jury trials against the government.
Case Note: State v. Jennings Ga. App. 2/8/2022) / Suppression of Evidence and Statements
Case of note regarding extent to which an officer can intrude upon private property without consent, a search warrant, or exigent circumstances. When officer went beyond the area necessary to access the front door of the house, he violated the Fourth Amendment.
A Look at the 2021 Amended SORNA Regulations
A quick review of the December 2021 SORNA regulations and how they intersect with Georgia's requirements.
What is a Special Grand Jury and How Does It Work?
A quick look at special grand juries.
To Sign or Not To Sign the UTC?
Drivers need to sign the citation if requested by the officer.
Case Note: PA Supreme Court Says Odor of Marijuana is Not Enough to Justify a Warrantless Search of an Automobile
Odor of marijuana is not enough to justify the search of a vehicle in Pennsylvania.
PSA: Drug Money Does Not Have to be Placed in a Crown Royal Bag!
Humorous rant about people putting large sums of money or drugs in Crown Royal bags.
Dismissal for Want of Prosecution Can Occur Even When It Will Functionally Be With Prejudice
Trial courts can dismiss cases for want of prosecution even when the practical effect of such dismissal will be to bar further prosecution as, for instance, where the statute of limitations has run.
Fight over Odor of "Marijuana" as Probable Cause for Search Will Continue
A look at the recent case of Gowen v. State (2021) regarding a vehicle search based on odor of cannabis.
The State Gets No Special Privileges on Sentence Modifications
The State must observe the same limitations on modification or clarification of sentences that apply to defendants and their attorneys. The State's effort to re-write the sentence in this case to increase the prison time came too late.
