Here in gorgeous Atlanta, Georgia I am working on a client’s case which involves questions about whether evidence was properly admitted into the trial. This effort reminded me of a two major observations that apply to all of my federal criminal cases which I handle both here in Atlanta as well as other parts of…
Continue reading ›Our friendly federal court of appeals here in Atlanta issued a recent opinion about evidence in a case arising out of a federal prosecution that reminded me of the funny quote from Blazing Saddles (and earlier movies and stories) about how the bad guys “don’t need no stinking badges.” For the evidence geeks out there, the…
Continue reading ›As a criminal defense lawyer I often get questions as to whether there is a difference between a “regular” guilty plea and a “nolo” plea. Technically, the latter is from the Latin phrase, “nolo contendre”, more or less translating into “no contest.” A few days ago the United States Court of Appeals for the Eleventh…
Continue reading ›People who have the misfortune of finding this blog know that I like to write about the intersection of the modern tech-filled world with older rules that govern criminal cases, rules like the Fourth Amendment and the like. The United States Court of Appeals for the Second Circuit recently reversed a federal criminal case out…
Continue reading ›One of the few bright spots in the Supreme Court’s criminal law cases over the past few years has been the resurgence in emphasis on the protections afforded by the Sixth Amendment’s Confrontation Clause. However, yesterday in a badly fractured 5-4 decision, the High Court took a step backwards, or maybe even sideways. The case…
Continue reading ›Yesterday, the Eleventh Circuit, which hears appeals from federal cases here in Atlanta, held in U.S. v. Phaknikone that profile photographs from the criminal defendant’s Myspace account were inadmissible evidence of character. The government argued that the photos demonstrated modus operandi: the defendant’s gangsta style as shown in the photographs identified the defendant because he…
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