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The law of unintended consequences never goes out of style

The San Francisco Gate reported a story about a man who went to jail for life for forging an $83.00 check.  The story focuses on how prosecutors threaten people with extreme sentences to coerce them into pleading guilty to crimes in which they believe they are innocent. What this highlights is the law of unintended consequences […]

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If I bind my case over to a higher court -will I be required to go to jail and post a new bond?

If I bind my DUI or other traffic cases over to a higher court for a jury trial from a municipal court or a probate court in Georgia, will I be required to go to jail again and post a new bond? NO. O.C.G.A. 40-13-23 titled, “Waiver of jury trial; withdrawal of waiver” provides in pertinent […]

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State v. Kelly, S11A0734, November 7, 2011: Plain Error review of Jury charges is required

State v. Kelly, S11A0734, November 7, 2011:  The Georgia Supreme Court reversed a Fulton County Superior Court felony murder conviction for errors in the charge of law to the jury. Plain Error Review of Georgia jury charges is required under the plain language of O.C.G.A. 17-8-58(b) resolving inconsistency with appellate decisions in which some decisions held […]

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