The Council of Superior Court Judges is advancing a proposed rule addition which would place steep limits on the use of electronic devices inside of courtrooms.  Proposed Rule 48 would state: Rule 48 Unauthorized Recording of Court Proceedings Prohibited  Except as provided under Rule 22, no...
Beginning a divorce requires information. Persons seeking a divorce can make the best use of their time and their lawyer's time by being prepared with the information that will be needed to evaluate and begin preparing the legal filings. This post examines some of the information that is helpful for a first consultation with a lawyer about filing for divorce.
Rule of Lenity expanded to have application among felonies with differing levels of punishment. The bright line rule created by the Georgia Court of Appeals stating that the rule of lenity would not apply where all of the involved offenses are felonies is eliminated. McNair v. State
The use of facial recognition technology poses new risks to privacy when used across government databases of drivers and identification card holders. Is the benefit to law enforcement worth it?
Examining the contents of HB 349 signed into law in 2013 which made changes relating to trafficking, criminal justice reform, criminal appeals, license suspensions records restriction, medical reprieves, and probation conditions.
In Georgia, it is not unusual for a person sentenced on a felony case to either have a probation sentence or a split sentence. Â A split sentence is one where the person serves a specified incarceration sentence followed by a term of probation. The probation term includes certain conditions. Â In ...
Children who are the subject of a deprivation proceeding do not have independent standing to appeal rulings of the Juvenile Court.
Sean A. Black has been included for the third year in Georgia Super Lawyers
Federal law can result in a person being ineligible for federally subsidized student financial and federal grants if the person has been convicted of a drug crime, no matter how minor. Qualified legal assistance is needed when facing any criminal offense, including even minor drug crimes.
Guilty pleas under North Carolina v. Alford allow an innocent person to make use of the plea negotiation system when there is strong evidence of guilt.
Federal legislation to require judicial oversight of law enforcement access to store electronic communications moves forward.
In Registe v. State, the Georgia Supreme Court decided on November 5, 2012, that a person has almost no privacy interest or protections regarding their ownership and use of a cell phone. Columbus police were investigating a murder case involving two victims. Â A witness told them that one of the ...
First offender treatment only available on a single charging instrument in the absence of a joinder for trial or consolidation of cases.
In a visitation case, a party sought to depose 13-year-old girl who had accused him of kissing, fondling and touching her. The girl was a sleepover guest of the parties' minor son. Â Trial court barred him from taking the child's deposition. Georgia Court of Appeals reversed with direction that the court allow the deposition but consider appropriate limitations/protections for the child.
Appellate Case Summary. Beard v. State
One of the big changes coming to Georgia law courtesy of the 2012 Criminal Justice Reform Act (HB 1176) is the elimination of expungement. Â It will be replaced by a new concept called records restriction. Â This change will not become effective until July 1, 2013. Expungement, We Hardly Knew You ...
On May 20, 2010, Governor Perdue signed into law House Bill 571.  It made important changes to Georgia’s sex offender registry laws.  Because I believe that it is important for people effected by this legislation to know about it, I have put together a summary.  You should check with your county ...
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