Search | Criminal Legal News

Georgia DOC - Securus Contract Amendment 2017-2021

Kickback publication • November 2, 2018

Filed under: Telephones, Telephone Access, Telephone Rates

Georgia DOC - Securus Contract Amendment 2017-2021 FIRST AMENDMENT TO INMATE TELEPHONE SERVICE CONTRACT THIS FIRST AMENDMENT ("Amendment") to the Inmate Telephone Service Contract originally entered Into on September 21, 2016 ("Contract"). is entered Into as of January 1, 2017, by and between the Georgia Department of Corrections ("State Entity"), …

Georgia DOC - Securus Rates 2017-2021

Kickback publication • November 2, 2018

Filed under: Telephones, Telephone Rates

Georgia DOC - Securus Rates 2017-2021 ATTACHMENT 5 RATES AND REVENUE SHARE. On a monthly basis, Contractor shall pay the State Entity a monthly payment which shall be the ·greater of the Revenue·Share (defined as the product of the Revenue Share Percentage ·and the Gross Revenue) or MMG a·~ defined …

ACLU Sues ‘Crooked’ Public Defender in Georgia

Article • October 29, 2018 • from CLN November, 2018

Filed under: Attorney Misconduct, Public Defenders

ACLU Sues ‘Crooked’ Public Defender in Georgia by Edward Lyon by Ed Lyon Reid Zeh is Glynn County, Georgia’s public defender. As a lawyer, his personal conduct is far from the sterling standard expected from members of the Bar. In March 2018, he was jailed on a battery charge. He …

L.T. V. Owens, GA, Deposition of John J Ryan, Wrongful Death, 2018

Brief • September 14, 2018

Filed under: Police--Excessive Force

L.T. V. Owens, GA, Deposition of John J Ryan, Wrongful Death, 2018 In The Matter Of: L.T., by her guardian, Cajun Snorton, et al. vs. Smyrna Police Lieutenant Kenneth Owens, et al. John J. Ryan September 14, 2018 LYON REPORTING, INC. Certified Court Reporters P.O. Box 81124 Atlanta, Georgia 30366 …

Georgia Defense Attorney Wins Another ‘Jury-Nullification’ Case

Article • August 20, 2018 • from CLN September, 2018

Filed under: Defenses, Juries

Georgia Defense Attorney Wins Another ‘Jury-Nullification’ Case by Derek Gilna by Derek Gilna Catherine Bernard, a former public defender in Laurens County, Georgia, who now practices criminal defense, won yet another “not-guilty” jury verdict in a marijuana possession trial on July 12, 2018, by utilizing a modified “jury nullification” approach. …

Georgia Prisoner Loses Mandamus Appeal Seeking Trial Records

Article • June 26, 2018

Filed under: Mandamus, Death Penalty/Death Row, Double jeopardy

Georgia Prisoner Loses Mandamus Appeal Seeking Trial Records by Edward Lyon by Ed Lyon Georgia prisoner James Brock was convicted of several crimes in 2011, two of which were murder. He could have faced a death penalty. Available information did not state his actual sentence(s). Brock filed a mandamus petition …

Dept. of Homeland Security Office of Inspector General - ICE's Inspections and Monitoring of Detention Facilities Do Not Lead to Sustained Compliance or Systemic Improvements, 2018

Publication • June 26, 2018

Filed under: Strip Searches, Conditions of Confinement, Staffing, Exercise, Attorney Client, Immigration, Telephone Access, Mail, Staff Training

Dept. of Homeland Security Office of Inspector General - ICE's Inspections and Monitoring of Detention Facilities Do Not Lead to Sustained Compliance or Systemic Improvements, 2018 ICE’s Inspections and Monitoring of Detention Facilities Do Not Lead to Sustained Compliance or Systemic Improvements June 26, 2018 OIG-18-67 DHS OIG HIGHLIGHTS ICE’s …

SCOTUS Adopts ‘Look Through’ Methodology for Federal Courts in Determining State Court’s Rationale for Unexplained Habeas Decision

Article • June 16, 2018 • from CLN July, 2018

Filed under: Appeals, Habeas Corpus

SCOTUS Adopts ‘Look Through’ Methodology for Federal Courts in Determining State Court’s Rationale for Unexplained Habeas Decision by Richard Resch by Richard Resch On April 17, 2018, the Supreme Court of the United States (“SCOTUS”) issued an opinion in which it instructed that federal courts are required to “look through” …

Georgia - September-October 2018 Denied Publication Memo

Publication • 2018

Filed under: Publications/Books, Banned Book Lists

Georgia - September-October 2018 Denied Publication Memo GEORGIA DEPARTMENT OF CORRECTIONS FACILITIES DIVISION STATE OFFICES SOUTH @ TIFT COLLEGE 300 PATROL ROAD FORSYTH, GA 31029 Phone 478/992-5101 Fax 478/992-5210 Nathan Deal Gregory C. Dozier Governor Commissioner PUBLICATION REVIEW COMMITTEE From: Facilities Division Office/PRC Subject: Denied Publications Date: September/October, 2018 The …

Georgia Supreme Court Vacates Convictions and Sentences Due to Merger Errors

Article • May 22, 2018 • from CLN June, 2018

Filed under: Criminal Prosecution, Appeals, Criminal Procedure

Georgia Supreme Court Vacates Convictions and Sentences Due to Merger Errors by Matthew Clarke by Matt Clarke On December 11, 2017, the Supreme Court of Georgia vacated convictions and sentences for aggravated assault and firearms possession due to a merger error. Thyrell Depree Donaldson, a Georgia state prisoner, appealed his …

U.S. Supreme Court: Death Penalty Case Involving Racist Juror Requires Further Consideration

Article • May 22, 2018 • from CLN June, 2018

Filed under: Racial Discrimination, Juries, Habeas Corpus

U.S. Supreme Court: Death Penalty Case Involving Racist Juror Requires Further Consideration by Christopher Zoukis by Christopher Zoukis In a brief per curiam opinion, the United States Supreme Court vacated an Eleventh Circuit Court of Appeals decision that foreclosed potential relief for a prisoner on death row whose conviction may …

U.S. District Court in Georgia Holds Spousal Testimonial Privilege Applies to Pre-Marital Events

Article • April 19, 2018 • from CLN May, 2018

Filed under: Criminal Prosecution, Marriage

U.S. District Court in Georgia Holds Spousal Testimonial Privilege Applies to Pre-Marital Events by On October 15, 2015, Joshua Davis, who then worked as a Brink’s driver, allegedly stole about $170,000 in credit-union funds skimmed from the collections he picked up at eight ATMs that he and co-worker Naheem Carrington …

Georgia Attempts to Limit Access to Official State Law

Article • March 16, 2018 • from CLN April, 2018

Filed under: Public Records, Public Records Act

Georgia Attempts to Limit Access to Official State Law by Derek Gilna by Derek Gilna The State of Georgia has sued to block publication on the internet of its Official Code of Georgia Annotated (“OCGA”) by a nonprofit organization called Public Resource. The group wants to publish the OCGA on the …

Mock v. Glynn, GA, PI, Bail, 2018

Brief • March 9, 2018

Filed under: Bail, Bail Bonds

Mock v. Glynn, GA, PI, Bail, 2018 Case 2:18-cv-00025-LGW-RSB Document 6-1 Filed 03/09/18 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA BRUNSWICK DIVISION Margery Freida Mock and Eric Scott Ogden, Jr., individually and on behalf of those similarly situated^ Case No. (Class Action) Plaintiffs, …

Man Arrested for Crime He Stopped Sues for $1.5 Million

Article • February 22, 2018

Filed under: False Arrest

Man Arrested for Crime He Stopped Sues for $1.5 Million by David Reutter by David Reutter Typically an employee who intervenes to tackle a perpetrator to prevent a shoplifting is extolled as a hero. A Decatur police detective investigating the crime, however, arrested the employee and charged him with the …

Sheriff's Officials Indicted After Abusive School Drug Sweep

Article • February 22, 2018

Filed under: Assault by Police, Police Misconduct, War on Drugs, Excessive Force (Police)

Sheriff's Officials Indicted After Abusive School Drug Sweep by Derek Gilna by Derek Gilna An unprecedented school-wide  sweep of Worth County High School by Worth County, Georgia, Sheriff's officials on April 14, 2017,  allegedly carried out to search for drugs came up empty, but instead resulted in charges filed against  …

Georgia Supreme Court Reverses Mutually Exclusive Guilty Verdicts

Article • February 16, 2018 • from CLN March, 2018

Filed under: Criminal Procedure

Georgia Supreme Court Reverses Mutually Exclusive Guilty Verdicts by Christopher Zoukis by Christopher Zoukis The Georgia Supreme Court answered an unusual, yet significant, question on December 11, 2017. Can a conviction that requires proof that a rental car was stolen outside of the state coexist with a conviction that requires …

Georgia Supreme Court Instructs Federal Courts on Its Habeas Review Process

Article • February 16, 2018 • from CLN March, 2018

Filed under: Habeas Corpus, Criminal Procedure

Georgia Supreme Court Instructs Federal Courts on Its Habeas Review Process by Richard Resch by Richard Resch On January 16, 2018, the Supreme Court of Georgia issued an instructive per curiam opinion in which it announced the need for it to explain its habeas application review process. According to the …

Georgia Hearsay Admissible Under Co-Conspirator Exception

Article • January 19, 2018 • from CLN February, 2018

Filed under: Criminal Procedure

Georgia Hearsay Admissible Under Co-Conspirator Exception by Mark Wilson by Mark Wilson The Georgia Supreme Court held that a criminal defendant was not denied effective assistance of trial counsel when his attorney failed to object to hearsay and a detective’s improper comment on his pre-trial silence. Rather, the hearsay was …

Georgia Supreme Court Reverses Armed Robbery Conviction, Defendant Lacked Dominion

Article • January 19, 2018 • from CLN February, 2018

Filed under: Criminal Procedure

Georgia Supreme Court Reverses Armed Robbery Conviction, Defendant Lacked Dominion by Dale Chappell by Dale Chappell Unless the State can prove a defendant had “complete dominion” over the property he intended to steal from a person, he cannot be guilty of armed robbery, the Georgia Supreme Court held on October …