Harvard Law Review, 122:1 (November 2008)
(Concurring Opinions)... Clause - State Taxation of Municipal Bonds: Department of Revenue of Kentucky v. Davis Criminal Law and Procedure Eighth Amendment - Death Penalty - Lethal Injection Drug ... Bush FEDERAL JURISDICTION AND PROCEDURE Federal Preemption of State Law Preemption of State Common Law Claims: Riegel v. Medtronic, Inc. Habeas Corpus Jurisdiction ... Scope of Secondary Actor Liability: Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc. Voting Rights Act of 1965 Need for Preclearance: Riley v. Kennedy ...
November 21, 2008 04:57 pm
Helping People and Defending the Indigent: The Other Infrastructure
(TalkLeft: The Politics of Crime)... challenge for the criminal justice system, state legislatures and the legal profession. Statewide public defenders in Kentucky and Minnesota and in cities such as Miami and Atlanta ... crisis. The editorial makes the obligatory pitch for more pro bono work, presumably by criminal defense lawyers. Believe me, we know we need to help. But ... If the Clinton administration could spend liberally to fund state and local law enforcement officers, the Obama administration can spend liberally to help states pay ...
November 21, 2008 11:30 am
GA- Georgia's sex offender law blocks religious redemption
(Sex Offender Research by A Voice of Reason)... congregation. This past Thursday, lawyers with the Southern Center for Human Rights argued in federal court that a new law unconstitutionally criminalizes religious practice by making it illegal for people on Georgia's sex offender registry to volunteer at a ... but he's limited to sitting in the congregation. Offering testimony is off-limits. In a court brief, Howard complains that the law "interferes with my religious freedom and prohibits me from expressing my strongly held religious beliefs." He ...
November 19, 2008 02:10 pm
When the name fits....
(Leonard Link)... Limberhand, Forehand? All were aptly-named criminal defendants in gay rights cases. Michael Hardwick was arrested in his Atlanta bedroom while engaged in oral sex ... and sentence was upheld on October 10 by the U.S. Air Force Court of Criminal Appeals. His offense? Sergeant Forehand was found to have sexually molested drunken ... out" member of the Dallas LGBT community, made no secret about it. And, under the law, he was found disqualified for citizenship because gays were considered to be of bad moral ...
November 17, 2008 06:44 pm
This Week on Total Criminal Defense
(Total Criminal Defense Blog)... Georgia Supreme Court relieved some homeless people of a serious problem. The Atlanta Journal-Constitution reported that the court declared that the provision of the sex-offender registry law that has been criticized for making homelessness a crime is unconstitutional ... escort services who regularly advertise on the popular Internet ad site, Craigslist. The site has reached an agreement with law enforcement officials in 40 states to crack down on ads for illegal prostitution services and other ads ...
November 14, 2008 09:38 pm
GA - Update on Hearing this Week
(Sex Offender Issues)... hearing for November 13 to hear arguments, primarily on two limited issues: the Plaintiffs' preliminary injunction to prevent the State from criminalizing protected religious activity and the preliminary injunction to keep our first named plaintiff, Wendy Whitaker, from being ... best, Sara, Sarah, Lisa, Gerry, James and Mica Sara J. Totonchi Public Policy Director Law Offices of the Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, Georgia 30303 404/688-1202 voice 404/688-9440 fax ...
November 11, 2008 03:13 pm
Former NFL Star Michael Vick’s Bro Guilty of DUI
(San Diego DUI Lawyer Blog)... also lose his license for a year. Marcus is the brother of former Atlanta Falcons quarterback Michael Vick. Under California law, pleading guilty can also help you avoid ... June 16, 2008 in downtown Norfolk. Vick, 24, of Suffolk, the brother of suspended Atlanta Falcons quarterback Michael Vick, had previously played for Virginia Tech. He ... San Diego county, then trust your case to an experienced San Diego criminal defense attorney. Attorney Victor A. Orsatti will explain your legal options during a ...
November 10, 2008 05:28 am
Young lawyer makes his mark
(Sex Offender Research by A Voice of Reason)... bar the following October after his graduation from Georgia State University School of Law. He earned an undergraduate degree in music engineering from the University of Miami in 2004, but ... musician." "I just didn't have the ear for it, so as soon as I could I applied to law school," he said. Levin has legal roots. His father, Jay ... places such as prestigious Atlanta firm King and Spalding. Levin said he discovered the appeal of criminal defense work while in law school. "The work was interesting ...
November 9, 2008 03:32 am
Chiquita Shareholder Derivative Action: Summarizing the Complaint
(The Race to the Bottom)... up for lost revenue and profits from the sale of the Colombian operation. Defendants then failed to profitably run Atlanta before selling it in 2008, harming Chiquita further. Finally, plaintiffs allege that the current board of directors will not objectively consider claims against themselves or the officers of Chiquita who were actively involved in the criminal misconduct that harmed the company. Although the board of directors appointed independent counsel to investigate these allegations, ...
November 7, 2008 05:15 pm
Editorial Argues That Sex Offender Laws Go Too Far
(Sex Crimes)The Atlanta Journal-Constitution is running an interesting op-ed piece which discusses how Georgia's sex offender law goes too far. From the editorial: Andrew Norton ... officials now want to boot Norton from his church, citing a ban in state law on sex offenders serving as church volunteers. "During these difficult times, my ... filed by the Southern Center for Human Rights, which contends the law criminalizes religious practice. The case will be heard Nov. 13 in U.S. District Court. The state has ...
November 6, 2008 03:42 am
Atlanta Georgia criminal lawyer challenges pretrial immunity ruling for police officer
(Georgia Criminal Lawyers Blog)... pretrial immunity was denied by Georgia's highest court. The Supreme Court of Georgia agreed with a trial court ruling that denied Atlanta police officer Raymond S. Bunn's motion to dismiss an indictment for murder. The indictment stemmed from an incident ... trial judge to reevaluate immunity using the correct standard. Our firm has been involved in several criminal cases in Georgia involving law enforcement officers. We have represented police officers charged with a variety of different crimes. ...
November 4, 2008 05:35 pm
Georgia Drug Attorney Argues against the Constitutionality of State's Law against Marijuana Possession
(Georgia Criminal Defense Blog)According to an October 7th, 2008 article in the Atlanta Journal-Constitution, local attorney Christopher McClurg, has taken his constitutional argument against a 1971 Georgia marijuana law all the way to the Supreme Court. McClurg argued that ... defending our clients from complex charges. We're members of the American Trial Lawyers Association and the National Association of Criminal Defense Lawyers, and we're happy to provide a 100% free consultation regarding your criminal defense matter. Call ...
October 31, 2008 10:54 pm
Guest Essay: Professor S. Beth Farmer on Competition Law
(Law at the End of the Day)... the insurance sector. If, however, the States are regulating the business of insurance, the federal antitrust laws are reverse preempted by State regulation. The antitrust exemption legislates in the negative, providing that the insurance ... there were no direct conflicts between State and federal criminal laws, and federal banking laws permitted banks to sell insurance though State ... .Paul v. Virginia, 175 U.S. 168 (1868). 23.Heart of Atlanta Motel v. United States, 379 U.S. 241 (1964); Katzenbach ...
October 31, 2008 04:56 pm
Jailed on Principle: Officers need authority for dispute resolution in field
(Grits for Breakfast)... his tab at the all-you-can-eat Iron Skillet buffet in northwest Atlanta. Officials say Linscomb ate at the buffet and let his girlfriend eat ... conduct. I've little doubt Mr. Linscomb was guilty of technically violating some law somewhere on the books in Georgia. But I'm equally confident that nobody goes to jail ... particularly that this should have been considered a civil rather than a criminal dispute. A commenter points to this case law which seems to support that position rather strongly (though ...
October 31, 2008 12:30 pm
Georgia criminal defense lawyers successful in striking down part of sex offender registration statute
(Georgia Criminal Lawyers Blog)... vague because it does not sufficiently inform homeless persons how to register if they have no residential address. The Atlanta Journal Constitution has the story. A copy of the full opinion can be found on the Georgia Supreme Court website. This decision is ... for failing to register. An unfortunate and ridiculous result of the mandatory penalties of this statute. We'll soon see how the Georgia legislature attempts to deal with this rejection of one of its most poorly drafted and confused laws.
October 27, 2008 04:41 pm
367. Life's a Blitch
(Judging Crimes)... swamp, meaning that his constituents included Albert, Porky, Churchy and Pogo himself. An Atlanta Journal-Constitution article from April sets the scene, and vividly illustrates just how ... , inevitably, The indictment also lists dozens of cases in which attorneys and friends of criminal defendants sought favors from Blitch outside of court. In many cases, prosecutors say, ... bad and go on a long time. Which means: they're free to ignore the law and ethical rules so long as they don't get carried away ...
October 25, 2008 05:46 pm
EU legislature protests US death sentence
(Lethal Injection)... way Ga. court reviews cases By GREG BLUESTEIN - Associated Press Writer ATLANTA --A U.S. Supreme Court justice criticized the way Georgia's top ... any form," he wrote. "Georgia simply has elected, as a matter of state law, to provide an additional protection for capital defendants." Stevens announced during the last Supreme ... not the first person who has criticized Georgia's death penalty procedure, as criminal defense lawyers have argued before that the state has failed to ensure that the death ...
October 24, 2008 10:49 am
Troy Davis
(StandDown Texas Project)Today's Atlanta Journal-Constitution carries two OpEds on the Troy Davis case. First, in an OpEd that speaks for the paper, State Senator Vincent Fort writes, "Execution clearly would be callous act." Georgians are known ... witness Davis' lawyers presented - including Davis - they refused to grant clemency. The trial was fair. Davis was represented by superbly skilled criminal defense lawyers. He was convicted by a fair jury (seven black and five white members). The post conviction stridency we've ...
October 21, 2008 03:28 pm
A Cell Phone on Texas Death
(StandDown Texas Project)... bill, officials said. Lorraine Tabler, 61, of Blackshear, Ga., was arrested Monday as she arrived in Austin on a flight from Atlanta to visit her son. She was booked into the Travis County Jail on a felony charge of introducing contraband into ... row inmate obtained a cellphone and used it to make thousands of calls - including several to the chair of the Senate's criminal justice committee. Authorities believe a guard accepted a bribe to give the cellphone to murderer Richard Tabler, who, along ...
October 21, 2008 01:15 pm
Wall Street to Fraud Street: Disgruntled Investors Want Compensation
(The Journal of the Business Law Society)... Developments Executives accused of fraudulently inflating their corporate losses are now facing criminal charges.[20] Under federal guidelines, someone engaged in securities fraud can ... removed from the deceit for shareholders to show reliance.[33] These recent changes in securities law benefit businesses and corporations but make it much more difficult for investors ... supra note 1. [32] Stoneridge Inv. Partners, LLC v. Scientific-Atlanta, 76 USLW 4039 (2008). [33] David Savage, Ruling Limits Reach ...
October 20, 2008 10:23 am