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Of Counsel

Legal Notes on Georgia and The South

Last Build Date: Mon, 04 Aug 2008 20:45:30 +0000


Still AliveMaggie

Mon, 04 Aug 2008 20:45:00 +0000

I doubt any of you are still reading, but if you are, I do apologize for abandoning the blog. I don’t have much of an excuse. I took a week off, no one noticed, and I enjoyed the break so I just kind of kept at it. (No one continued to notice, as far as […](image)

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Snyder’s Conviction OverturnedMaggie

Wed, 19 Mar 2008 17:01:42 +0000

The US Supreme Court has issued its opinion in Snyder v. Louisiana. The Court found the Batson challenge to be meritorious. I blogged about Snyder’s oral argument and history here. Justice Alito (!) wrote the opinion and does a good job of comparing the circumstances of the dismissed black juror–a student teacher worried about missing […](image)

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Judge Who Booted Defense Attorneys Asked to RecuseMaggie

Wed, 19 Mar 2008 15:10:44 +0000

One of the cases often referenced when talking about the difficulties with capital cases in Georgia these days is that of Jamie Weis, charged with murder in Pike County.  A quick recap: defense attorneys in the case asked for a delay in the case while they weren’t being paid.  The Judge decided he wanted to […](image)

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One of Those WeeksMaggie

Tue, 18 Mar 2008 14:16:29 +0000

You know how sometimes you can’t muster the energy to get angry at bad news? I am feeling that way this week. I knew the Troy Davis decision was coming out Monday. I knew the odds were it wouldn’t go well. (The jurisprudence on actual innocence in appeals boggles my mind. I’m a stickler for […](image)

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More on GA Indigent Defense LegislationMaggie

Fri, 14 Mar 2008 14:22:46 +0000

The AJC reports today that HB 1245 has cleared the House Judiciary Committee. The main concern with the current version of HB 1245 is that it may strongly affect when a defendant gets to meet with counsel. GPDSC’s standards call for a visit within 72 hours of incarceration. This happens in 95% of cases, based […](image)

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Today’s Nichols UpdateMaggie

Wed, 12 Mar 2008 19:37:42 +0000

Another article in Creative Loafing, the alternative weekly newspaper, on Brian Nichols. A definite must-read. The story outlines clearly the history of indigent defense in Georgia, why a new system was needed, how the new system works, and then outlines just how we got where we are. Of particular note is the often ignored issue […](image)

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ACLU Sues Alternative SchoolMaggie

Wed, 12 Mar 2008 15:18:29 +0000

“Alternative” schools are a joke. They have different names in different places, but in Georgia the alternative school is where they send kids with disciplinary records. Or kids with too many tardies. Or kids with psychological or behavioral problems. It is used like a punishment instead of an education resource. In my days working with […](image)

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Tue, 11 Mar 2008 17:28:35 +0000

One of the things about being a defense attorney is that it changes completely the way you look at crime. In your job, you see it from the inside. You get a real understanding of how the law punishes people and the people being punished. I was poking around a blog the other day and […](image)

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Nichols Trial Date SetMaggie

Mon, 10 Mar 2008 18:11:48 +0000

At today’s hearing, Judge Bodiford set Nichols a trial date of July 10. The prosecution wanted June while defense requested September. Judge Bodiford, still pretty gung-ho, plans to have 9 1/2 hour days and Saturdays to get through the trial by Christmas. (Don’t even get me started on why it’s necessary for this trial to […](image)

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Southern News RoundupMaggie

Fri, 07 Mar 2008 21:00:50 +0000

Ex-DA in Alabama sentenced to 42 months for fondling young men after ordering strip searches during drug tests. Also in Alabama, crazy contraband news at the St. Clair Correctional Facility. An inmate appears to have smuggled in gasoline and matches, managed to douse two other inmates, and set them on fire. This didn’t happen in […](image)

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