Blog News -

Home » Georgia Law
a

Using tear gas and rubber bullets during peaceful protest is illegal

A Colorado Federal District Court ruled on June 5, 2020, that police use of tear gas and rubber bullets was illegal as an excessive force under the Fourth Amendment, the First Amendment as a violation of free speech as the First Amendment bars retaliation, and that protesters suffered irreparable harm.  The Federal District Court held […]

Read More

Why 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 More

Immigration or ICE holds have no legal force

The National Association of Public Defense recently did an expose article on the fallacy of Immigration holds or ICE holds where non-citizens can not be bonded out or released from local jails because immigration authorities have placed a hold on them. Ahold is the result of a warrant signed by a judge or a court […]

Read More

Georgia Strange Brew – Brewery Tours and Strange Alcohol Brewing Laws

Georgia is well known for its archaic and stringent alcohol laws which include DUI, brewpub regulations, and brewery restrictions, and seem neither wise, just, or moderate despite our official state slogan to the contrary. On May 15th, 2014, Atlanta Leisure Magazine recently did a story on the North Georgia Beer Brewing scene titled, “How to […]

Read More

Does completion of a Pre-Trial Intervention program legally prevent a retrial on the same facts

Double Jeopardy, and no I don’t mean the daily double on the game show “Jeopardy!”, is a fundamental right enshrined in the U.S. Constitution.  The Fifth Amendment to the United States Constitution provides: “[N]or shall any person be subject for the same offense to be twice put in jeopardy of life or limb . . […]

Read More

Fully Informed Jury Association – As a Juror do you know your rights and your power

Do you know what rights and powers you have as a juror? The Fully Informed Jury Association has a webpage and handbooks explaining the overriding power of jurors over courts, prosecutors, and the government. As Thomas Jefferson once said in a letter to Thomas Paine, ” The trial by jury is the only device yet imagined by […]

Read More

Good Question – Quote of the Day from the Rodriguez arguments in Georgia Supreme Court

Good Question: The Fulton County Daily Report reported on January 8th, 2014  in its Story “Justices Ponder Traffic Stop that Stumped State Appeals Court, “Rodriguez v. State, No. S13G1167, a case on appeal from the Georgia Court Appeals where the Court en banc split 6-6 and allegedly affirmed the Gwinnett County Trial Court decision, the Georgia […]

Read More

Wilder v. State, S10G1897, November 7, 2011: Search and Seizure of Locked Briefcase in home of another

Wilder v. State, S10G1897, November 7, 2011:Illegal Search of a Briefcase.   The Georgia Supreme Court reversed the conviction of a Lincoln County Georgia Trial Court for child molestation, sexual exploitation of a child involving Wilder and a 15-year-old girl. The Georgia Supreme Court held that a person has to stand under the 4th Amendment […]

Read More

Judges have broad discretion to impose jail sentences or probation

Judges in Georgia have broad discretion in imposing jail sentences subject to the maximum sentencing limitations of a particular statute and minimum sentencing limitations which are provided by statute and can be probated unless expressly prohibited from being suspended or probated by statute.  The Georgia DUI Statute, O.C.G.A. Sec. 40-6-391, is such a statute as it […]

Read More