Why innocent people plead guilty
In the November 20, 2014 issue of The New York Review of Books, Jed Rakoff, explores why innocent people plead guilty. Rakoff notes that before the Civil War, guilty pleas in the American Justice system were rare but in the present-day upwards of 97% of all cases are resolved in negotiated guilty pleas conducted in […]
Read MoreHow drug convictions and DUI drug convictions affect your drivers license
License Suspensions for Drug Crimes and Drug DUI convictions Violations of the Georgia Controlled Substance Act and Drug DUI drivers license suspension are governed by O.C.G.A. §40-5-75. Article 2 of Chapter 13 of Title 16 is known as The Georgia Controlled Substance Act (VGCSA). Drug DUIs including both illegal drugs and prescription drugs under O.G.C.A. 40-6-391(a)2, (a)4 […]
Read MoreWhy is there a presumption of innocence?
A law review article by Alexander Volokh, n Guilty Men raises the issue of why protecting the innocent matters even at the expense of freeing the guilty. From the earliest days of law school, students were told that the law favors a guilty man to be set free over the conviction of an innocent man. We heard law […]
Read MoreState v Walker – temporary halting is not a submission to authority or seizure under the 4th Amendment
State v. Walker, S13G1793, Georgia Supreme Court, October 20, 2014. The Georgia Supreme Court reversed the Georgia Court of Appeals in Walker v. State, A13A0444, July 12, 2013, where the Court of Appeals held that a police officer’s order to take your hands out of your pockets to Ernest Walker who then ran away was a second-tier […]
Read MoreDenstaedt v. State – not knowing what experts review is always admissible is not ineffective
Denstaedt v. State, A14A0858, Court of Appeals of Georgia, October 7, 2014. Matthew Denstaedt was convicted of DUI per se or driving over the legal limit as proven by an alcohol breath test in Gwinnett County State Court after an arrest by a Duluth Police Officer. He was acquitted of being a less safe driver […]
Read MoreChristian v State – the stop can be hearsay but the criminal history needs certified operator
Christian v. State, A14A1353 Court of Appeals of Georgia October 7, 2014. Billy Wayne Christian was stopped in Whitfield County after making a scratching sound with his tires because dispatch informed him that his Tennessee Tag was not on file. Christian was convicted of driving on a limited permit and DUI after a bench trial. […]
Read MoreGSP Helicopter Marijuana Raid Yields a Heap of Okra
Time Magazine reported on October 7, 2014, that Georgia State Patrol Marijuana Eradication Team raids homeowners garden and seized a heap of Okra in Cartersville in Bartow County Georgia. Apparently, either the Officers had been at another location previously burning illegal Marijuana bushes which rendered them unable to distinguish between okra and marijuana leaves or […]
Read MoreIn the war on DUI where are the hearts and minds of the people
October 1, 2014. Espn.com reported that Micheal Phelps registered a .14 on his DUI breath test. That is not an interesting story. The interesting story is found in the comments to the story. Many of the commenters called DUI laws a joke and a scam. The comments ranged from the legal limit being too low […]
Read MoreHolland v State – wrong name on blood sample is not an abuse of discretion in overruling chain of custody
Holland v. State, A14A1119, September 23, 2014. Donnie Holland pulled out in front of a Carroll County Sheriff’s Deputy who allegedly had activated his emergency blue lights and siren. Trooper Garmon of the Georgia State Patrol investigated the accident and notice no indications of impairment in Holland at the scene. Trooper Garmon followed Holland to […]
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