Georgia Criminal Law Blog

Story from MSNBC here.

DNA evidence has exonerated its 205th American that has served time for a crime that they did not convict.  He confessed after 30 hours of interrogation.  We need to take a hard look at police interview tactics in this country.

Juries are ‘unsympathetic’ to women who claim rape after drunken binge - Law - Times Online

Check out this interesting article.

Check it out here.

Torture victim/drug dealer, Lester Siler (the man that I wrote about here) got a 20 year sentence for selling drugs.  See the LaFollette Press article here.

Thanks to John Steakley for the update.

The brief is here.

There has been a TRO entered for the 8 named plaintiffs.  That means that they are the only 8 that are safe this coming Saturday.  If the Judge grants this motion, then everyone on the registry will be added to the suit and the class will be formed.

It would be irresponsible (but not illegal) for any sheriff to pick someone up this Saturday with this litigation pending.

Here is the brief in support of a preliminary injunction on HB 1059.

The Southern Center for Human Rights and the American Civil Liberties Union of Georgia have filed a class action in Federal Court seeking an injunction to prevent enforcement of HB 1059, which is set to become law on July 1, 2006.  The injunction sought is both a temporary and permanent injunction.  If granted, it would stop all the local sheriff’s from forcing folks to move during the pendency of this litigation that is ultimately aimed and declaring the law unconstitutional.

The complaint can be viewed here.

The press release can be viewed here.

Check back for periodic updates as they become available.

Guns N’ Roses song played in murder trial as prosecutors try to prove a husband killed his wife on CourtTV.com

I am a big proponent of using technology in the courtroom.  Well, our friends on the other side of the courtroom are starting to catch on.  You won’t believe this one.  The man on trial for killing his wife downloaded, then later deleted the Guns N’ Roses song, “I used to lover her, but I had to kill her” on the day of the murder.  If that weren’t bad enough, they also discovered Google searches for “trauma cases gun-shot right chest” and “florida divorce.”

The State has rested their case and you can read more here.

It is officially up and running and is dedicated to my primary area of practice, DUI defense.  Check it out at www.gaduiblog.com

The following poem is rumored to have been authored by a teenage meth addict who died with the needle still in her arm. While I don’t believe that, the message is all too true. While probably not a good bedtime story for my 3 year old daughter, if you have a teenager, you would be wise to make it a point to give them a copy of this. No question, meth is some bad stuff. A picture is worth a thousand words.

I AM METH - author unknown

I destroy homes, I tear families apart,
I take your children, and that’s just the start.

I’m more costly than diamonds, more precious than gold,
The sorrow I bring is a sight to behold.

If you need me, remember I’m easily found,
I live all around you - in schools and in town

I live with the rich, I live with the poor,
I live down the street, and maybe next door.

I’m made in a lab, but not like you think,
I can be made under the kitchen sink.

In your child’s closet, and even in the woods,
If this scares you to death, well it certainly should.

I have many names, but there’s one you know best,
I’m sure you’ve heard of me, my name is crystal meth.

My power is awesome, try me you’ll see,
But if you do, you may never break free.

Just try me once and I might let you go,
But try me twice, and I’ll own your soul.

When I possess you, you’ll steal and you’ll lie,
You do what you have to — just to get high.

The crimes you’ll commit for my narcotic charms
Will be worth the pleasure you’ll feel in your arms.

You’ll lie to your mother, you’ll steal from your dad,
When you see their tears, you should feel sad.

But you’ll forget your morals and how you were raised,
I’ll be your conscience, I’ll teach you my ways.

I take kids from parents, and parents from kids,
I turn people from God, and separate friends.

I’ll take everything from you, your looks and your pride,
I’ll be with you always — right by your side.

You’ll give up everything - your family, your home,
Your friends, your money, then you’ll be alone.

I’ll take and take, till you have nothing more to give,
When I’m finished with you, you’ll be lucky to live.

If you try me be warned - this is no game,
If given the chance, I’ll drive you insane.

I’ll ravish your body, I’ll control your mind,
I’ll own you completely, your soul will be mine.

The nightmares I’ll give you while lying in bed,
The voices you’ll hear, from inside your head.

The sweats, the shakes, the visions you’ll see,
I want you to know, these are all gifts from me.

But then it’s too late, and you’ll know in your heart,
That you are mine, and we shall not part.

You’ll regret that you tried me, they always do,
But you came to me, not I to you.

You knew this would happen, many times you were told,
But you challenged my power, and chose to be bold.

You could have said no, and just walked away,
If you could live that day over, now what would you say?

I’ll be your master, you will be my slave,
I’ll even go with you, when you go to your grave.

Now that you have met me, what will you do?
Will you try me or not? It’s all up to you.

I can bring you more misery than words can tell,
Come take my hand, let me lead you to hell.

Click here to read the bill as passed.

Popularly referred to as the “Castle Doctrine” by the NRA, similar “Stand your ground” legislation is passing all over the country. While it is an interesting concept, my impression of Georgia law has always been that if there was an intruder in your home, you are justified in killing them.

This bill codifies that premise and may go quite a bit further. You now have no duty to retreat in the use of force (even deadly force) in the defense of self or others, the defense of habitation, and the defense of property other than habitation. In addition to being immune from prosecution, you are also immune from civil liability for the use of such force.

It’s allergy season here in Atlanta.  I ran into Eckerd’s the other day to get some Claritin-D.  I wanted to by enough to last me for the whole month.  I was denied by the clerk.  I was told that it was illegal to buy anything containing pseudoephedrine in those quantities.  Under the impression that I knew a thing or two about the law, I inquired and was pointed to the Combat Meth Act of 2005, which was part of the Patriot Act.

I was trying to purchase 30 tablets, each containing 240 milligrams of pseudoephedrine. That is 7.2 grams.  The new law limits such purchases to 3.6 grams in any one day and 9 grams in any 30 day period. To enforce this, a log book is kept behind the counter and you have to show identification and sign the log book with your identifying information.  Additionally, if you are ordering online and by the mail, you can only purchase 7.5 grams in a 30 day period.  It is a Federal crime to put false information in the log book too!  What happens with the log books you ask?  The can be used by the Attorney General, State and local law enforcement agencies.

I can’t wait for one of my clients to come in after a police raid executing a search warrant.  This is bound to happen.  Family of five.  Mom, Dad and 3 kids.  All have allergies.  Their need could be as much as 30 to 35 grams in a month.  Mom and Dad both go to drug store to buy it in two separate transactions.  Not having enough for the family, they go by another drug store and do the same thing.  Two weeks later, the undercovers show up with a warrant based on information retrieved from the log books.  They tear up the house searching for a meth lab and find nothing but a family of runny noses (or more likely they find some other form of contraband).  Neighbors look on, wondering what the family is up to.

By the way, none of this applies if you have a prescription.  But if you are buying “over the counter” or “behind the counter” now, this is what you are dealing with.

The National Association of Chain Drug Stores had this to say about the act.

As you might imagine, privacy groups, like the Medical Privacy Coalition, are up in arms.

Well, it wouldn’t be a criminal law blog if this didn’t get a mention.  I predicted this would be the result.  At least he won’t be a martyr.  See the story here.

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 his appeal.  One thing is for sure, the average Joe would be eating bologna sandwiches in jail right now, not having the Judge go out of his way to put the warrants on hold.

I can’t figure out why in the heck he signed them in the first place.  I guess it is permissible for him to do.  Roy was quoted in the Marietta Daily Journal’s online edition complaining about “Judge shopping.”  Dennis Schieb, the Deputy’s lawyer has defended the decision to go to Judge Emerson, saying it was permissible.

This case needs to have a warrant application hearing.  No Judge needs to be issuing warrants for the DA ex parte.  There is just too much potential for abuse.  Besides, it’s not like Paul Howard is going to flee the jurisdiction and not show up to court.  Usually, a police officer can take a warrant ex parte.  When a private citizen applies for a warrant, there is usually an application hearing before it is issued.  The case had been scheduled for a hearing in front of the Chief Judge of Cobb County Superior Court, Jim Bodiford on May 3rd.  What’s the rush to run out and get them ex parte?

I’ve represented plenty of people that stood accused of a crime by someone that had something to gain by making that allegation. People allege domestic violence and child abuse to get a leg up in divorce cases.  They also can be motivated by publicity and money.  I hope that is not what’s going on here.  If it is, maybe Howard’s office will be more sympathetic with those cases in the future.

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

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.

 

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 the NHTSA validation studies and/or other materials, check back later this evening or tomorrow for the links.

Thanks for attending.

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 anything about this on the news, but it really is a big deal.  The change will go into effect on December 1, 2006 unless Congress steps in.  Why would Congress do that?  Many federal judges think that this will cause a backlog of cases since they will likely take more time to decide cases and write opinions if they know more people than the litigants will be reading them.  If you want to read more about this click here.

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 heard shouting that he was innocent.  It tuns out that he was telling the truth.  Lucky for him the police kept investigating and didn’t stop when he was arrested.  He was released yesterday.

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 post in a blog that I read that made reference to it.  I did a little research and found this article in the USA Today.

They even have their own website where you can buy the gear and a DVD.  Aptly named  www.stopsnitching.com has gotten lots of traffic.

Whatever its intent, the Stop Snitching movement has galvanized officials already apoplectic about witness reluctance and witness intimidation.  Many jurisdictions are taking action to ban the shirts in court.  That will raise all sorts of first amendment and free speech issues.  It will be interesting to see how this all shakes out and if it will become an issue in our courts.