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U.S. Supreme Court rules on crack cocaine sentencing disparity

  • On June 28, 2012
President Obama signed the Fair Sentencing Act (FSA) into law on August 3, 2010. The Federal Sentencing Commission adopted the new guidelines pronounced in the FSA for crack-to-powder cocaine ratio with an effective date of November 1, 2011. The rationale underlying the new law was focused centrally on reducing the disparity in federal convictions for […]
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11th Circuit overturns several criminal counts in House case

  • On June 26, 2012
In December 2010, Stephen G. House, a former federal police officer employed by the Federal Protective Service, was sentenced to a prison term, fined and subjected to other conditions following a trial on charges that he made a number of traffic stops without having the legal authority to do so. House’s case was heard in […]
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"Over-ambitious prosecutors" cited in select federal acquittals

  • On June 22, 2012
Arrests, indictments and … acquittals. A growing number of media legal commentators, law school professors, defense attorneys and, importantly, judges and juries, are conclusively weighing in on what they see as prosecutorial overreach and flat out bad judgment in many federal cases. High-profile acquittals in many instances are the result, with a number of such […]
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Appellate court overturns lower court in Fourth Amendment DUI case

  • On June 20, 2012
Sometimes it is a case that, on first blush, might not seem to be of greatest import from a grand perspective that is most instructive for what it can teach about the law, the appellate process and a citizen’s right to pursue justice after being wronged. That same case — whether in Georgia or any […]
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Counsel’s experience is key in pleas and sentencing mitigation

  • On June 15, 2012
Psychology and law professors presenting students with a difficult plea agreement choice in a recent study say that the outcome of the exercise demonstrates “plea bargaining’s innocence problem” and points to the need for sentencing mitigation reform. Tangentially, the study also clearly underscores this important consideration for any criminal suspect charged with a federal crime […]
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Georgia Supreme Court considers alleged improper search warrant

  • On June 13, 2012
In a matter that has been described as potentially being “the first of its kind in any state’s court,” the Georgia Supreme Court is hearing arguments concerning a novel search warrant application in a drug crimes case. Specifically, the Court is considering whether a grant to Athens police officers that enabled them to use thermal […]
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Study: Prison terms too long, with no added public benefit

  • On June 8, 2012
Many Georgia residents — especially those taxpayers with an eye toward cost-benefit analysis and efficient use of state resources — might be wondering whether they comprise a distinct minority in thinking that the state needs to readjust its stance on criminal sentencing outcomes and the money expended on inmates serving overly long sentences. A report […]
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Federal appeals case considers prosecutor’s "absolute immunity" claim

  • On June 5, 2012
A case currently underway in New York City features a federal criminal appeals matter that at its core posits two starkly conflicting viewpoints regarding prosecutorial discretion that often play out in federal proceedings across the country, including in Georgia. Those competing opinions can be gleaned immediately from comments made by the petitioner and respondent, respectively, […]
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