Articles Posted in Criminal Justice Issues

Former Detention Officer at Fulton County Jail in Atlanta Arrested on Federal Criminal Charges
Kish Law LLC

The Department of Justice announced on March 20th that Curtis Jerome Brown, Jr. was arrested by FBI agents and charged with violating civil rights, filing a false report, making false statements to federal agents, and obstruction of justice. These charges arise out of Brown’s alleged cover-up of two incidents at the Fulton County jail. The…

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Atlanta Criminal Case: U.s. Attorney Decides Not to Initiate Federal Prosecution of Brian Nichols
Kish Law LLC

As we mentioned in this post, after failing to obtain a death penalty sentence against Brian Nichols, Fulton County District Attorney Paul Howard requested U.S. Attorneys for the Northern District of Georgia to pursue a federal death penalty case against him. David Nahmias, U.S. Attorney for the Northern District of Georgia, announced on Wednesday that…

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Another Miscarriage of Criminal Justice in Atlanta: The Eleventh Circuit Federal Court of Appeals Renews Our Tenacity in Fighting for Rights
Kish Law LLC

Demarick Hunter is serving a sentence of 15 years and 8 months in federal prison for possessing a firearm. The Armed Career Criminal Act (ACCA) provides for a minimum sentence of 15 years for career criminals who carry firearms. Mr. Hunter’s prior convictions do not qualify him as a career criminal under the ACCA. The…

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United States Supreme Court Affirms Eleventh Circuit Federal Criminal Case
Kish Law LLC

In a case arising out of the Eleventh Circuit Court of Appeals in Atlanta, Georgia, the Supreme Court of the United States limited the exclusionary rule by holding that where an unlawful search results from isolated police negligence, the evidence obtained from that unlawful search may still be used against a criminal defendant. The exclusionary…

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United States Supreme Court Limits Definition of “violent Felony” Under Federal Armed Career Criminal Act
Kish Law LLC

The United States Supreme Court issued an opinion on Tuesday resolving a split in the circuits regarding whether failure to report for prison is a violent felony for the purposes of the Armed Career Criminal Act (ACCA). This federal law provides for a mandatory minimum sentence of fifteen years or up to life imprisonment for…

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Atlanta Criminal Case: Fulton County D.a. Has Asked United States Attorneys to Charge Brian Nichols in Federal Court
Kish Law LLC

Fulton County District Attorney Paul Howard said he has spoken with U.S. Attorneys about a possible death penalty trial against Brian Nichols in federal court for the killing of an off-duty federal agent. In March 2005, Nichols was on trial for rape in the Fulton County Courthouse in Atlanta, Georgia. He escaped from custody and,…

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Supreme Court Agrees to Review Eleventh Circuit Sentencing Decision in Federal Criminal Case
Kish Law LLC

On November 14, the United States Supreme Court agreed to review an Eleventh Circuit decision interpreting a federal criminal law. This decision held that firing a gun during a violent crime requires a sentence of at least ten years, even if the gun went off unintentionally. The Eleventh Circuit is located in Atlanta, Georgia and…

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White Collar Crime Prosecutions: Why Do Some Cases Simply Wither Away??
Kish Law LLC

The Office of the Inspector General for the U.S. Department of Justice issued a massive report earlier this week concerning how the various federal prosecutors around the country are doing (or not doing) their jobs. While there’s a lot of truth to the old saying about “lies, damn lies and statistics”, the numbers in this…

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Crime in the Federal Courts: When Investigators Scrutinize the Judges for Potential Criminal Activity
Kish Law LLC

Criminal cases in the federal courts here in Atlanta are no different than in other parts of the country. Criminal defense attorneys and prosecutors make their arguments in front of federal judges, who under our Constitution are appointed to lifetime positions by the President, with the consent and approval of Congress. However, what happens when…

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