The federal Court of Appeals here in Atlanta (technically, called “the United States Court of Appeals for the Eleventh Circuit) has its main office and courthouse a few blocks from me here in downtown ATL. I do lots of cases over there. Like many criminal appeals, I usually request what is called an “oral argument”…
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This Friday in Atlanta there is the 26th annual seminar here in Atlanta for criminal defense lawyers. I was asked to talk about civil asset forfeiture, and how that often accompanies or is parallel to a criminal case. Here is the paper that is the subject of my presentation. Asset Forfeiture in Criminal Cases As readers…
Continue reading ›The morning Atlanta paper had a story about an investigation regarding alleged securities fraud in which a very good local attorney who I know was quoted. That lawyer basically said that his client had not done anything wrong. Good for him, sometimes an attorney needs to be proactive in defending his or her client, both…
Continue reading ›I am handling a criminal appeal that arose out of a high-profile murder prosecution here in beautiful Atlanta, Georgia. The case was brought to me long after the trial and “direct appeal”, at a point when the client was down to his last “post-conviction” effort, which in some jurisdictions is called a “habeas corpus petition.”…
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 ›I am getting ready for some hearings in a federal criminal case I am working in in Gainesville, Georgia. My preparation caused me to think about and want to put down some thoughts on the strategies that sometimes impact such matters, plus the tactics we use to implement the strategy in a particular case. That’s…
Continue reading ›I’ve handled hundreds of gun cases prosecuted in the federal court system over the past 36 years, here in Atlanta and elsewhere. Most federal gun prosecutions involve a claim that the Defendant had a firearm (or ammunition) and the accused was a “prohibited person” who cannot have the gun. Most times it is the usual…
Continue reading ›I just got a call from my client in a recent federal criminal case here in Atlanta. My client was outside the gates of the federal prison, and gave me one last call before he went inside to begin serving his sentence, or as some inmates call it, “doing time.” I always feel bad for…
Continue reading ›In Atlanta I have been asked to give a speech to some lawyers who handle federal criminal cases. The organizers of the seminar asked that I talk about criminal forfeitures. A lot of lawyers are not well acquainted with this ancient form of punishment that is becoming more and more common in modern federal criminal…
Continue reading ›I am taking a break from going through discovery materials in one of my current federal criminal cases that happens to be here in Atlanta. I posted the other day about how the actual practice of federal criminal law is far different than the constitutional “rules” created in some cases from the United States Supreme…
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