Archive for April, 2006

Police Interview tactics turn to torture in Tennessee

Saturday, April 29th, 2006 Posted in Police Work, Search & Seizure | 4 Comments »

Listen to the torture here. Caution, it's pretty graphic. Read the transcript here. Read about the officers from the local news station here. Three and half hours north ... Read more..

Paul Howard arrest warrant update.

Friday, April 28th, 2006 Posted in Uncategorized | 1 Comment »

Judge Emerson must have starting to feel the heat for signing those warrants.  He has Ordered the Sheriff not to execute them until Roy Barnes has time to file ... Read more..

Warrant issued for Fulton County DA, Paul Howard.

Thursday, April 27th, 2006 Posted in Uncategorized | 1 Comment »

I guess I was wrong.  See story here from AJC.com. Read more..

Podcast Episode 7 - State v. Patel - collateral consequences of a conviction.

Wednesday, April 26th, 2006 Posted in podcasts, Case Law Updates | No Comments »

Click here to listen to the podcast. I previously wrote a post about this case. You can see it here. Read more..

Field Sobriety Tests: Are they designed for failure?

Wednesday, April 26th, 2006 Posted in DUI discussion | 1 Comment »

Before you go any further, you need to read the NHTSA validation studies which I previously posted about here.  You also need to read the Cole and Nowaczyk study from Clemson ... Read more..

Breathalyzers on all cars???

Tuesday, April 25th, 2006 Posted in DUI discussion | 1 Comment »

Brush your teeth, fix your tie, gargle your listerine, grab your briefcase and keys.  Jump in the car, but it won't start.  Waiting....you blow again, the car still won't start, the listerine is ... Read more..

Harden v. Johnson (S06A0425) - Habeas court cannot rely on defendant’s statement at plea that he was satisfied with his lawyer in deciding an ineffective assistance of counsel claim.

Tuesday, April 25th, 2006 Posted in IAC, Case Law Updates | No Comments »

Click here for the text of the opinion. In a unanimous decision authored by Presiding Justice Carol W. Hunstein, the Supreme Court has reversed a Wilcox County Superior Court judge in ... Read more..

State (KS) v. Witte - non-alcohol related causes of HGN

Tuesday, April 25th, 2006 Posted in DUI discussion, Uncategorized | No Comments »

As promised in the seminar the other day.  The excerpt from this case lists many causes of HGN.  It was State v. Witte out of Kansas.   State v. Witte.  251 Kan. 313, 836 ... Read more..

NHTSA validation studies - seminar materials

Thursday, April 20th, 2006 Posted in DUI discussion | 2 Comments »

The following three articles are the foundation for the standardized field sobriety testing currently used by almost every police department in the country. Psychophysical tests for DWI arrests 1977. Development of field ... Read more..

Continuing Legal Education.

Thursday, April 20th, 2006 Posted in Uncategorized | No Comments »

Today I was the speaker at a CLE in the Cobb County State Court.  If you were a participant at this seminar and have come here looking for links to ... Read more..

Police Lineup changes - New York Times

Wednesday, April 19th, 2006 Posted in Police Work | 1 Comment »

Study Fuels a Growing Debate Over Police Lineups Sally Ryan for The New York Times Sheri Mecklenburg, who led a study on police lineups, says traditional lineups are more effective than showing ... Read more..

Supreme Court votes to allow citation to upublished opinions in Federal court.

Monday, April 17th, 2006 Posted in Uncategorized | No Comments »

For all of you practicing federal lawyers out there, last week the U.S. Supreme Court voted to allow citation to unpublished opinions in Federal Court.  Of course, we didn't hear ... Read more..

The Drunk Cowboy

Monday, April 17th, 2006 Posted in Humor, DUI discussion | No Comments »

Fake but hilarious.  Would you convict? Read more..

Argument timing.

Saturday, April 15th, 2006 Posted in Humor | No Comments »

Read more..

Innocent Man freed in Carroll County murder case.

Thursday, April 13th, 2006 Posted in Uncategorized | No Comments »

See story here via WSBTV.com.  And here via ajc.com. 31 year old Michael Hunt was arrested on murder charges last week.  As he was being taken away by officers, he could be ... Read more..

The Craziest Deposition you will ever see.

Monday, April 10th, 2006 Posted in Humor | 1 Comment »

This is a Joe Jamail depo in the Pennzoil-Texaco case that ultimately got an $11 billion dollar verdict.  For background you can read all about the case and Joe here.  The video ... Read more..

DUI Legislative update

Monday, April 10th, 2006 Posted in DUI discussion | No Comments »

HB 1275 was passed with a last minute amendment that allows a police officer to forcibly draw blood from a DUI suspect that has refused to take the state administered breath, blood or ... Read more..

State v. Patel, (S06A0299) - Counsel’s misrepresentations inducing a plea is ineffective assistance of counsel even if only on a collateral issue.

Thursday, April 6th, 2006 Posted in IAC | 1 Comment »

State v. Patel, (S06A0299) was decided by the Georgia Supreme Court on January 30, 2006.  Patel was a doctor that was charged with sexual battery.  His counsel advised him that ... Read more..

The Stop Snitchin movement?

Wednesday, April 5th, 2006 Posted in Uncategorized | 1 Comment »

The Stop Snitchin movement?  Apparently, I have been living in a cave.  Or maybe it just hasn't made its way to Georgia yet.  I was surprised when I came across a ... Read more..

High Profile Georgians to be charged with crimes?

Wednesday, April 5th, 2006 Posted in Uncategorized | No Comments »

What in the world is going on with our elected officials right now?  First Congresswoman Cynthia McKinney (story here) (and here) and now Fulton County DA Paul Howard (story here).  Neither ... Read more..