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.
Coronavirus May Mean Early Parole for Some Georgia Prisoners
Georgia Parole Board is considering many for earlier parole based on coronavirus dangers.
Removing GPS Tracker Leads to Theft Charges
Interesting development regarding government use of tracking devices. Subject of surveillance charged with theft when tracker goes missing even with absence of evidence that he actually did anything to the tracker.
Georgia Legislature Considering Letting More People Vote
According to the Atlanta newspaper, the Georgia Senate is studying the issue of persons with felony convictions being able to vote, particularly those charged with non-violent offenses. This is apparently a very early discussion and hearing on concerns about the issue, with not a lot of particul...
Risks of Biometric Locks on Devices Continue to Mount
Suspect compelled to unlock phone for Government using thumbprint sensor.
Texas is Among States Facing Challenges of Hemp Legalization in Marijuana Cases
States across the country facing challenges in marijuana prosecution based on hemp legalization.
2019 Operation Southern Shield
Look out, the troopers will be on the roads in high numbers enforcing the speed limits while Operation Southern Shield is in effect.
Georgia Hemp Farming Act Opens Georgia Up to CBDs and Confusion
How will the new Georgia Hemp Bill change the way that we deal with marijuana cases?
GBI Crime Lab to Begin Outsourcing Some Drug Cases
GBI to Contract with Private Laboratories for Some Drug Analysis Testing
Legislative Update: Criminal Gang Activity Definition Expanded
Legislative Update: Criminal Gang Activity Definition Expanded
Legislative Update: 2019 Changes to the Georgia Rape Shield Statute
2019 Changes to the Georgia Rape Shield Statute
Battery Protection for Elder Person and those in Assisted living facilities
2019 changes to the Georgia battery statute
Legislative Update: “Sextortion”
Georgia creates crime of sextortion
