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July 16, 2012 GA Supreme Court: State Must Prove Knowledge of Quantity in Drug Trafficking Cases

The Georgia Supreme Court agreed, but then refused to reverse his conviction. In Wilson, a package containing more than 12…

July 13, 2012 DNA Evidence May Lead to New Trial in “Stocking Strangler” Case

Earlier this week, lawyers representing Carlton Gary, dubbed the “Columbus Stocking Strangler,” filed a 34-page motion in Muscogee County Superior…

July 10, 2012 Georgia Eliminates Statute of Limitations on Child Sex Offenses

Perhaps in response to the public outrage over the inability to prosecute Syracuse Assistant Coach Bernie Fine (see our post,…

June 28, 2012 Supreme Court: Mandatory Life Without Parole Sentences for Juveniles Unconstitutional

The Court stated that “a judge or jury must have the opportunity to consider mitigating circumstances before imposing the harshest…

June 27, 2012 Supreme Court Decision Facilitates State’s Use of DNA Results in Sex Abuse Cases

Last week, the U.S. Supreme Court issued a ruling in Williams v. Illinois that departed from the Court’s recent trend…

June 25, 2012 Supreme Court Defines How Fair Sentencing Act Applies to Pre-2010 Cases

The act increased the amount of crack needed to trigger the mandatory minimum five-year sentence from 5 to 28 grams…

June 20, 2012 Georgia Supreme Court Expands Scope of Child Hearsay Statute

The decision in Bunn v. State marks yet another change in the interpretation of O.C.G.A. § 24-3-16, which has now…

June 17, 2012 Prosecution Prepares to Rest in Sandusky Case after Emotional First Week of Trial

The prosecution called 10 witnesses in the first four days and is expected to rest on Monday. The prosecution’s theory…

June 14, 2012 11th Circuit Addresses Several Issues with Federal Child Exploitation Enterprise Prosecution

The 11th Circuit Court of Appeals has vacated portions of the convictions for multiple defendants who were sentenced to serve…

June 11, 2012 Court of Appeals Bans Contingency Fees to Special Prosecutors In Asset Forfeiture Cases

The ruling in Greater Georgia Amusements v. State of Georgia ends a little-known practice of private attorneys being appointed as…

Bernard Recognized in The Daily Report for Federal Jury Trial Win

Bernard was recognized in the Fulton County Daily Report for his recent win in a federal asset forfeiture trial. Our…

June 6, 2012 11th Circuit:Court Cannot Compel the Decryption of Computer Files

The Fifth Amendment of the U.S. Constitution guarantees that no citizen shall be compelled in any criminal case to be…

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