Archive | 2012

THE PASSING OF JUDGE ROBERT BORK

On December, 19, 2012, one of the great patriots in America died at the age of 85. Judge Robert Bork passed away from heart disease after a lengthy career serving our nation. He was also one of the most brilliant Constitutional scholars in the hist [...]

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HOPE

The Rev. Tommy Greer believes that Satan has a shed where he keeps his tools of evil. Addiction, depression, hate, and anger are just a few of Satan’s precious items. Although he has many, one of his favorites is fear. Fear is the root [...]

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THE WORST LEGAL SYSTEM ON EARTH

During my research on legal systems across the globe, I thought that it would be interesting to choose the country with the worst framework of courts. Surprisingly, the country was shockingly easy to identify. The People’s Republic of China. [...]

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THE REALITY OF DEALING DRUGS

For many years, people have been engaged in the activity of purchasing and selling illegal drugs in the United States. This reality is true today just as it was in the 1960’s when the federal government and state legislatures across the nation [...]

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GEORGIA’S STATUTORY RAPE LAW

In the areas of criminal law and procedure, there are easy topics and ones that are somewhat uncomfortable to talk about. Obviously, the area of sex offenses is the most difficult to discuss. That is probably why I rarely write columns on the subje [...]

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WESTERN MARIJUANA LEGALIZATION

Not surprisingly, the states of Colorado and Washington recently voted in favor of legalizing marijuana for recreational use. What is surprising is that Oregon did not. In Colorado, Amendment 64 will amend the state constitution to legalize a [...]

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JUDGE ANDREW JACKSON

Andrew Jackson was probably one of the most bold, courageous, and impacting presidents of the United States. Before he became president, he lived quite a colorful life as a warrior, legislator, lawyer, and a governor. He also served the peopl [...]

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FINGERPRINT EVIDENCE IN GEORGIA

When I think of fingerprint evidence, I vision the old, wise detective walking around a crime scene with his large magnifying lens looking for the one clue to solve the crime. Sherlock Holmes comes to mind. Surprisingly, my experience has been that [...]

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GEORGIA’S RAPE SHIELD LAW

In Georgia, there is no evidentiary form of protection for alleged victims of crimes than the Rape Shield statute. It supersedes all other evidentiary exceptions except when evidence is introduced to explain events surrounding an alleged crime. (This [...]

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COURT LIMITS USE OF THERMAL IMAGING

Thermal imaging technology has advanced rapidly and significantly in recent years. There are many helpful uses for this technology such as locating lost children, mental health patients and those afflicted with Alzheimer’s disease. It can also [...]

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BORDER SEARCHES

With the presidential election around the corner including two candidates with vastly different levels of concern about national security, I thought it would be appropriate to touch on the issue of search and seizures at our national borders. [...]

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THE NEW LAW ON JURY COMPOSITION

For decades, there has been criticism, court challenges, and landmark rulings regarding how jury pools in each county are composed. I can actually think of numerous examples of when citizens have complained to me about being called for jury duty way [...]

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THE MISCONCEPTION OF THE LEGAL LIMIT IN DUI CASES

One of the most misunderstood concepts of DUI law in Georgia is that a person cannot be convicted of DUI if that person “blows under 0.08″. While it is true that many DUIs are reduced to reckless driving or dismissed when a chemical test [...]

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PRACTICAL CONSIDERATIONS IN BOND HEARINGS

From the standpoint of the defense, and sometimes the prosecution, the issue of bond is almost always the very first problem to address in a criminal prosecution. Oftentimes, the accused will be given a pre-set bond after the arrest and bookin [...]

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A BIG CHANGE IN FAMILY VIOLENCE CASES

On January 1, 2013, the Georgia evidence code will be substantially changed. Most of these changes are probably not that interesting to the general public. The changes will simply mirror the federal rules of evidence. However, one change wil [...]

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THE COURAGE AND SACRIFICE OF GEORGIA’S POLICE OFFICERS

As I was finishing my workout today at the gym, a man whom I have never met politely approached me with a question. He was a Carrollton resident and worked as a police officer for an unnamed metro county police department. This officer was cl [...]

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THE MISCONCEPTIONS ABOUT MISTRIALS

Over the years, I have made many motions for mistrials, appealed motions for mistrials, and had some mistrials granted in cases. Motions for mistrials are quite common in criminal trial practice. However, I have found that the concept of the mistri [...]

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THE SEVENTH ANNUAL DRUG AWARENESS / METH SUMMIT

On October 18, 2012, our community will be holding one of the most critical educational opportunities that exists today. The Carroll Meth Awareness Coalition (CMAC) will be hosting their annual Drug Awareness / Meth Summit at Tabernacle Baptist Chur [...]

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KEY IMMIGRATION PROVISION IS UPHELD

When Gov. Deal signed Georgia’ Immigration Law, I believed that most, if not all, would be deemed constitutional. While the United States Supreme Court has struck down some insignificant sections, the most important measures have passed consti [...]

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THE TREMENDOUS POWER OF THE SUPERIOR COURT

Today, most Georgians are very concerned about the direction that this country is taking. National politics and government seem to dominate the nature of many conversations. This is particularly true in an election year when America decides whether [...]

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GEORGIA’S YOUTHFUL OFFENDER ACT

One of the most sad and difficult types of cases that I handle is when a young man is charged with a serious crime and there is overwhelming evidence to support the charged crime. While there are many options to incarceration, sometimes the prosecut [...]

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SYNTHETIC MARIJUANA

I had a man call me last week about a horrible tale involving the death of his son. Without going into the details, his son had died after ingesting some form of “synthetic marijuana.” Synthetic marijuana is a substance that claims to be [...]

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SOME YOUNG MURDERERS NOT ELIGIBLE FOR LIFE WITHOUT PAROLE

A divided U.S. Supreme Court ruled recently ruled that judges cannot impose mandatory life sentences without the possibility of parole on some juveniles convicted of homicide. This has been a very controversial subject over the years. It has [...]

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THE WEST METRO REGIONAL DRUG ENFORCEMENT OFFICE

From what I have been told, little is known about the tremendous effort exerted by law enforcement officers who are seeking to eradicate the marketing, trafficking, and distribution of illegal drugs that flow in and out of the State of Georgia. Over [...]

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UNITED STATES SUPREME COURT EXPANDS THE 6TH AMENDMENT

From a criminal procedure standpoint, one of the most important aspects of the 6th Amendment is the right to counsel. Case law over the years has consistently held that counsel must be effective during criminal trials in order for convictions of def [...]

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TURKEY HUNTING AND THE PRACTICE OF LAW

At the end of May each year, I seem to get a little depressed for a couple of weeks. This is probably because turkey season in Georgia usually ends on May 15 and the woods have become hot and uncomfortable to navigate. From late April until t [...]

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THE CAPITAL TRIAL OF JESUS CHRIST

Around 2000 years ago in the Roman province of Judea, a death penalty trial took place that entirely changed the world. During the Passover celebration, Jews gathered by the thousands in the ancient city of Jerusalem. During this festival, Jesus of [...]

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SHOULD YOU TAKE THE STATE’S ADMINISTERED TEST IN DUI INVESTIGATIONS?

I will first point out that there is a very simple rule that if followed can avoid 100% of DUI alcohol related arrests. If you drink even 1 beer and decide that you need to go somewhere, either get someone to drive or stay where you are. Trying to [...]

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THE NEW LAW ON CHARACTER EVIDENCE

In the realm of criminal procedure, one of the largest barriers to a fair trial is the broad use of “similar transactions.” Similar transactions are past actions by a defendant that are introduced into evidence during a current trial.
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SEPARATION OF CHURCH AND STATE?

In the 1700s, men and women began to flock to the English colonies from Europe to escape among other things, religious persecution. This religious persecution was primarily based on state (or king) sponsored abuses inflicted on people who did not con [...]

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WHY DO WE HAVE THE SECOND AMENDMENT?

It has taken over 250 years for the United States Supreme Court to clarify a very simple phrase in the 2nd Amendment to the United States Constitution. The English phrase in the 2nd Amendment that has caused such an unnecessary stir for decades read [...]

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PROFESSIONALISM VS PERSONALISM

The word professionalism is rarely used in modern society. In the legal field, we are required to accumulate a certain amount of professionalism credits for CLE (Continuing Legal Education) in order to remain licensed, but little else is actually em [...]

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