Yesterday the Court of Appeals here in Atlanta reversed a federal criminal conviction in a mortgage fraud case. The Defendant was in the middle of testifying in his own defense. During two overnight recesses, the trial judge told the Defendant he could not speak with “anyone” about his testimony, and could only talk with his…
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A major decision on the future of technology and crime investigations was issued a few hours ago by all the judges who sit on the United States Court of Appeals for the Eleventh Circuit, the offices of which are a few blocks away from us here in Atlanta. The eleven judges wrote over 100 pages…
Continue reading ›We have been following some recent developments in federal criminal prosecutions brought against people who operate businesses that prepare federal and state income tax returns for their clients. First, the U.S. Court of Appeals for the Eleventh Circuit yesterday affirmed a conviction and lengthy sentence imposed on an Atlanta-based tax preparer who had apparently stolen…
Continue reading ›The United States Supreme Court yesterday issued another “dog case”, an opinion discussing whether and when the police can use a K-9 to sniff for drugs or contraband prior to getting authorization to do so from a judge. We have previously posted about these issues. Yesterday’s case concerned the question as to how long the…
Continue reading ›Readers know that we handle lots of federal criminal cases, in Georgia, Florida, Alabama, and throughout the country. I just finished a sentencing this afternoon in which we got a lower sentence by pointing the Judge to some proposed changes to the Federal Sentencing Guidelines. Along with some other factors, these proposed changes led the…
Continue reading ›Ever since I was a young federal criminal defense attorney, our country has been locking up people at an unprecedented pace. The United States holds the title as the country that has locked up the highest number of people. On a per capita basis, we are number 2, only behind the tiny Seychelles Islands. Ever…
Continue reading ›We handle lots of federal sentencing hearings, in Atlanta, Savannah, Macon, and throughout the federal courts in Georgia and other states as well. We are always interested when courts interpret laws that can impact the sentence that one of our clients might receive. This morning, the United States Supreme Court interpreted a law that impacts…
Continue reading ›“Words, words, words, first from him, then from you–is that all you blighters can do?”, moaned Eliza Doolittle when tiring of her speech lessons in “My Fair Lady.” Ms. Doolittle should be thankful she is not Larry Whitfield. Larry got an extra 10 years in prison for a bank robbery prosecuted in federal court because…
Continue reading ›All lawyers must deal with rules, whether practicing mostly in Atlanta and Georgia like our firm, or in any other part of the country. Most rules are made by the legislature, but sometimes, judges themselves get to make rules. These judge-made rules control the procedure or process of how a particular case works through the…
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…
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