Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By njlawjournal | New Jersey Law Journal | August 23, 2017
Admission of Detective's Testimony on Slang Harmless Where Detective Had Qualifications to Testify as Expert
By Jim Saunders | August 21, 2017
A federal appeals court upheld the conviction and 40-year prison sentence of a man convicted in a plot to carry out terror attacks in the Tampa Bay area as "payback" for the death of Osama bin Laden.
By Zack Needles | August 18, 2017
The Pennsylvania Supreme Court is set to decide whether a police officer's re-entry to a residence after initially entering under exigent circumstances constitutes one continual search.
By Cogan Schneier | August 18, 2017
In its opinion, the court said the fact that most people carry cellphones “was not enough” to justify a warrant allowing police to search a suspect's home in hopes of finding one.
By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
Retroactive application of SORNA's registration provisions violated the Ex Post Facto Clauses of the federal and Pennsylvania Constitutions because the registration provisions constituted punishment as the requirements were akin to tradition forms of punishment like probation or parole. Order of the superior court reversed.
By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
Ineffective assistance of counsel claim for failure to challenge competency of minor victim witness failed where defendant could not demonstrate prejudice since there was no allegation that victim was incompetent nor could defendant prove that trial court would have sustained objection to competency. Order of the PCRA court affirmed.
By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
Court ruled that evidence was not so overwhelming as to establish that the jury would have also convicted defendant under the proper mens rea standard and thus appellant established trial counsel's ineffectiveness had an adverse impact on outcome. Order of the PCRA court reversed.
By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
Passenger in a vehicle unconstitutionally seized by police entitled to suppression of all evidence found in the vehicle, rather than just the areas of the vehicle where the passenger had a reasonable expectation of privacy, where the search of the vehicle stemmed from the passenger's illegal seizure. Order of the superior court affirmed.
By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
Six criminal contempt convictions arising from a single courtroom hearing did not violate double jeopardy where each conviction was preceded by a separate contemptuous act, despite the acts' temporal proximity and allegedly singular motivation. Judgment of sentence affirmed.
By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
Trial counsel was ineffective for failing to consult with defendant about an appeal, since counsel established such a duty by specifically preserving an issue for appeal that a reasonable defendant would want to pursue where success on appeal could result in dismissal of charges. Order of the PCRA court reversed, case remanded.
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