Last week, the U.S. Supreme Court issued a ruling in Williams v. Illinois that departed from the Court’s recent trend…
June 25, 2012 Supreme Court Defines How Fair Sentencing Act Applies to Pre-2010 CasesThe act increased the amount of crack needed to trigger the mandatory minimum five-year sentence from 5 to 28 grams…
June 20, 2012 Georgia Supreme Court Expands Scope of Child Hearsay StatuteThe decision in Bunn v. State marks yet another change in the interpretation of O.C.G.A. § 24-3-16, which has now…
June 17, 2012 Prosecution Prepares to Rest in Sandusky Case after Emotional First Week of TrialThe prosecution called 10 witnesses in the first four days and is expected to rest on Monday. The prosecution’s theory…
June 14, 2012 11th Circuit Addresses Several Issues with Federal Child Exploitation Enterprise ProsecutionThe 11th Circuit Court of Appeals has vacated portions of the convictions for multiple defendants who were sentenced to serve…
June 11, 2012 Court of Appeals Bans Contingency Fees to Special Prosecutors In Asset Forfeiture CasesThe ruling in Greater Georgia Amusements v. State of Georgia ends a little-known practice of private attorneys being appointed as…
Bernard Recognized in The Daily Report for Federal Jury Trial WinBernard was recognized in the Fulton County Daily Report for his recent win in a federal asset forfeiture trial. Our…
June 6, 2012 11th Circuit:Court Cannot Compel the Decryption of Computer FilesThe Fifth Amendment of the U.S. Constitution guarantees that no citizen shall be compelled in any criminal case to be…
June 4, 2012 Indiana Latest Challenge to Social Media Bans on Sex OffendersThe American Civil Liberties Union of Indiana claims that a 2008 law banning sex offenders from using social media such…
May 28, 2012 Georgia Court of Appeals Upholds Molestation Conviction for Act of Public IndecencyThe Georgia Court of Appeals has affirmed a child molestation conviction where a man allegedly exposed himself to a 13…
The Debate Continues: Is the Mere Viewing of Child Pornography Illegal?New York became the latest state to grapple with the question of whether simply “viewing” child pornography is illegal. In…
May 8, 2012 Justifiable Homicides Have Doubled Since Enactment of Georgia’s “Stand Your Ground Law”Just as in Florida, O.C.G.A. § 16-3-23.1 provides that a person acting in self defense “has no duty to retreat…
