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 and regulate the production,...

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 people of Tennessee as a...

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 fingerprints are...

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 is called res...

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 be used for...

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.I would venture to say...

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 too...

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 shows that a...

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 booking procedures are complete....

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 will have a major impact on the...