Constitutional Law Reporter

APRIL 30, 2024

Georgia , 601 U.S. _ (2024), the U.S. Supreme Court held that the State of Georgia can’t retry a defendant acquitted of murder by reason of insanity. The court vacated both the malice-murder and felony-murder verdicts pursuant to Georgia’s so-called repugnancy doctrine, and authorized retrial. In McElrath v.

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Mondaq

MAY 10, 2022

On May 2, 2022, Georgia Gov. Brian Kemp signed SB 470, which amends provisions of Georgia's banking laws relating to the denial or revocation of a mortgage license or registration due to certain felony convictions.

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JURIST

APRIL 29, 2021

A US federal grand jury indicted the three Georgia men Wednesday charged with “federal hate crimes and attempted kidnapping” in connection with the killing of Ahmaud Arbery. The Georgia Bureau of Investigation arrested the McMichaels days after video footage surfaced showing the men following and cornering Arbery in pickup trucks.

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SCOTUSBlog

NOVEMBER 27, 2023

Georgia will take the justices back to law-school basics – the case could be a question on a law-school examination in criminal law. At the same time, the jury found McElrath guilty but mentally ill on charges of felony murder (for felonies that result in a death, even if the defendant did not actually kill anyone) and aggravated assault.

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The Crime Report

OCTOBER 12, 2023

Mihee Lee, the mother of three of the six people accused of murdering Sehee Cho, was charged with felony murder, false imprisonment, concealing the death of another, tampering with evidence and false statements or writings to the government.

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JURIST

DECEMBER 15, 2021

The US District Court for the District of Columbia Tuesday sentenced a North Carolina man to 28 months in prison after he pleaded guilty to a federal felony charge regarding a threat he made against House Speaker Nancy Pelosi. On January 7, he sent a text message to a relative in Georgia that included a threat directed towards Speaker Pelosi.

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JURIST

OCTOBER 3, 2021

The Superior Court of Glynn County, Georgia ruled on Friday that Ahmaud Arbery’s mental health records could not be used as evidence in the trial against the three white men accused of killing the 25-year-old Black man. The defendants face charges of felony murder and false imprisonment. Arbery was unarmed.

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JURIST

JANUARY 12, 2024

Watts had initially been charged with felony abuse of a corpse in October after Warren County police found the remains of her pregnancy in her toilet and trash. In October, the Georgia Supreme Court upheld the state’s six-week abortion ban. The grand jury responded by returning a no bill—effectively dismissing the case.

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The Crime Report

OCTOBER 15, 2021

Twelve people chosen from a pool of roughly 1,000 Glynn County, Georgia residents summoned for jury duty in the case of Ahmaud Arbery will decide whether Travis McMichael, his father Greg McMichael and William “Roddie” Bryan are guilty of malice murder, false imprisonment and other charges, reports the Atlanta Journal-Constitution.

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SCOTUSBlog

OCTOBER 1, 2021

Wooden pleaded guilty to 10 counts of burglary in Georgia state court and served an eight-year sentence. The stranger just happened to be a plain-clothes officer who knew of Wooden’s felony convictions. To qualify as an armed career criminal, a defendant must have three prior “violent felony” or “serious drug offense” convictions.

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The Crime Report

MARCH 3, 2022

For example, in 20 states, — including California, Colorado, Florida, Georgia, Nebraska, Oklahoma, and Wyoming — a pardon offers the only way to regain firearms rights lost because of a past conviction. Put simply, a pardon is a powerful sign of “official forgiveness,” that can help someone get their life back on track.

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JURIST

AUGUST 12, 2022

David Moerschel, 43, of Tampa, Florida, and Brian Ulrich, 43, of Guyton, Georgia, are similarly charged with federal offenses that include conspiracy, obstruction of an official proceeding and aiding and abetting, and entering or remaining in a restricted building or grounds.

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SCOTUSBlog

MAY 27, 2022

Muslim prisoner argues that Georgia corrections’ limit on beard lengths violates his religious exercise. Muslim prisoner argues that Georgia corrections’ limit on beard lengths violates his religious exercise. After Holt , Georgia corrections allowed all inmates to grow half-inch beards. In Smith v.

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SCOTUSBlog

APRIL 20, 2022

McCall , a tire manufacturer resists Georgia courts’ exercise of jurisdiction on the basis of the state’s registration statute for foreign corporations. Cooper’s activities in Georgia had no connection to McCall’s claims against Cooper, meaning that Georgia courts lacked “specific jurisdiction” over Cooper.

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The Crime Report

OCTOBER 28, 2021

. “Drugs in the black community have been treated very differently than drugs in the white community,” acknowledged Sherry Boston, district attorney for the Stone Mountain Judicial Circuit in DeKalb County, Georgia. “The truth is it’s all a public health crisis. “I can decide where to put my resources.

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JonathanTurley

NOVEMBER 21, 2021

In the Georgia trial over the killing of Ahmaud Arbery, Judge Timothy Walmsley delivered a haymaker to the defense on the very eve of closing statements. The court ruled that Georgia’s prior citizen’s arrest law is only applicable if a person sees a felony committed and acts without delay. Here is the prior law: O.C.G.A.

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JURIST

NOVEMBER 24, 2021

Twelve Georgia jurors Wednesday convicted three men of the murder of Ahmaud Arbery in the Glynn County Superior Court. While Arbery was murdered on February 23, Georgia state police did not arrest either Greg or Travis McMichael until May 7 , ten weeks later. The jury found Travis McMichael guilty on all nine counts.

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The Crime Report

DECEMBER 15, 2021

Georgia, Kentucky and Tennessee are among states where “reckless provision” of a firearm to a minor can lead to criminal charges. Do we take this law from a misdemeanor charge to a felony charge? While CAP laws have been enacted in 29 states and the District of Columbia, the trigger for liability varies from state to state.

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JonathanTurley

FEBRUARY 14, 2023

Graham after Graham invoked the clause to decline to testify on the Georgia allegations of election interference. However, I am not confident that the claim would bar the subpoena in its entirety. While he can try to raise other privileges, Smith can seek his testimony on the non-legislative matters.

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SCOTUSBlog

MARCH 28, 2022

Georgia , the Supreme Court relied on this language to allow a suit against Georgia by an out-of-state creditor. The Georgia House responded by passing a bill providing that anyone seeking to enforce Chisholm would be “guilty of a felony and shall suffer death, without benefit of clergy, by being hanged.”).

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JonathanTurley

MAY 26, 2021

We previously discussed how prosecutors in North Carolina, Georgia, Oregon, and other states have dismissed or downgraded many rioting cases, including cases of individuals who destroyed statues in broad daylight. The seven defendants were charged with felony counts of damaging property worth over $1,000.

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Constitutional Law Reporter

JUNE 29, 2021

Former Georgia police sergeant Nathan Van Buren used his patrol-car computer to access a law enforcement database to retrieve information about a particular license plate number in exchange for money. Facts of the Case. Unbeknownst to Van Buren, his actions were part of a Federal Bureau of Investigation sting operation.

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The IP Law Blog

APRIL 28, 2022

The Van Buren case involved a former Georgia police officer who, in exchange for money, would use the computer in his patrol car to access the law enforcement database to retrieve information about requested license plate numbers. The officer became the subject of an FBI investigation and was charged with a felony violation of the CFAA.

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JonathanTurley

JANUARY 11, 2023

The case involved an African-American defendant, Warren McCleskey, who was convicted of two counts of armed robbery and one count of murder in the Superior Court of Fulton County, Georgia. Both felony murder and the killing of an officer are commonly used as aggravating circumstances in capital cases.

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The Crime Report

AUGUST 17, 2022

Two members of the cult-like group face multiple felony charges relating to an alleged kidnapping and sexual assault last month in a rented house in Fayetteville where the group had its headquarters. The investigation involves possible crimes involving firearms, narcotics, kidnapping and sex trafficking.

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The Crime Report

NOVEMBER 2, 2021

While on patrol as a City of Roswell, Georgia, law enforcement professional in the early 2000s, one of us (Kalfani Turè) was dispatched to a signal Fifty-Four call, denoting a suspicious person or incident. Photo by Rita Buchanan for NPR. when he stopped to inspect a new house under construction. The men carried firearms. Arbery was unarmed.

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SCOTUSBlog

NOVEMBER 28, 2023

Georgia , in which the justices heard argument on Tuesday, presents an unusual twist on that rule. Ordinarily, the acquittal on the most serious charge, malice murder, would mean that Georgia never could try McElrath again on that offense. McElrath v. They may be inconsistent with verdicts on other counts. We don’t question them.”

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JURIST

MARCH 13, 2024

A Georgia judge on Wednesday dropped three charges pending against former US President Donald Trump as part of an ongoing election interference case. The post Georgia judge drops several charges pending against Trump in election interference case appeared first on JURIST - News. Kimbrough, 300 Ga.

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SCOTUSBlog

MARCH 8, 2022

Share William Dale Wooden burglarized 10 units in a single storage facility, and pleaded guilty to 10 counts of burglary in Georgia state court. The question the Supreme Court faced in Wooden v. United States was whether the 10 burglaries occurred during the same “occasion” or on separate occasions. The difference was not just semantic.

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SCOTUSBlog

APRIL 19, 2024

All raise the same question: whether the Sixth and 14th Amendments guarantee the right to a trial by a 12-person jury when a criminal defendant is charged with a felony. They are supported by Georgia and 18 other states. The defendants in these cases argue that when the Supreme Court held a few years ago in Ramos v.

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HowAppealing

AUGUST 22, 2023

“Appeals court upholds Alabama’s felony ban on minors’ gender-affirming care; Three Trump appointees reversed an injunction blocking the law, allowing the ban to go into effect; Florida and Georgia rulings now in jeopardy”: Chris Geidner has this post at his Substack site.

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JURIST

OCTOBER 24, 2023

Jenna Ellis, one of former President Donald Trump’s ex-attorneys charged in the Georgia election interference case , pleaded guilty Tuesday to one count of aiding and abetting false statements and writings. Ellis pleaded guilty as part of a plea deal , which reduced her charges from two felony counts to one.

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The Crime Report

JULY 22, 2021

In a forthcoming paper in the Georgia State University Law Review, Thea Johnson argues that lying is at the heart of a plea bargaining process that “allows defendants the opportunity to negotiate fair resolutions to their cases in the face of a deeply unfair system.”. Lies about facts are used by parties to manipulate evidence in a case.

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SCOTUSBlog

OCTOBER 4, 2021

Georgia in 2018, Breyer sought to liven up the opinion announcement in a decision involving an interstate river basin covering the two states by recommending a couple of songs that evoke, as he put it, “the beauty and the emotional appeal of this southeastern river basin.”. In another originaldocket case, Florida v.

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ClimateChange-ClimateLaw

JULY 6, 2017

Allco is an owner, operator, and developer of solar energy projects throughout the country, including in Georgia and New York. What is disputed is whether it is just or legal to convict Ward of felony crimes for acting peacefully and responsibly to prevent greater harm to the climate.”

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SCOTUSBlog

NOVEMBER 22, 2023

The ACCA extends the minimum sentence – from 10 years to 15 – for an individual who had been convicted of a felony and possesses a firearm when that person has at least three “serious drug offenses.” On appeal, the Georgia Supreme Court threw out both of the jury’s verdicts and sent the case back for a new trial on all charges.

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JURIST

APRIL 22, 2024

I’m here instead of being able to be in Pennsylvania and Georgia and lots of other places campaigning, and it’s very unfair. The case centers on 34 counts of business record falsification in the first degree, which is a felony. This is done as election interference. Everybody knows it.

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