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 thelegalintelligencer | The Legal Intelligencer | August 18, 2017
Present conviction on a single count of burglary did not render offender ineligible for RRRI, where the statute's focus on "history" of violent offenses indicated it only intended to exclude career offenders less likely to benefit from RRRI program. Order of the superior court reversed.
By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
Police had probable cause to stop defendant's vehicle for a possible violation of the Motor Vehicle Code where a state trooper observed defendant operating his vehicle with its high beams on within 500 feet of the trooper's approaching cruiser, even though the roadway was divided by a concrete barrier. The court affirmed defendant's judgment of sentence.
By Jim Saunders | August 15, 2017
Rejecting arguments about a new lethal-injection procedure, the Florida Supreme Court refused to block the scheduled Aug. 24 execution of death row inmate Mark James Asay.
By Tony Mauro | August 15, 2017
A Hogan Lovells team is asking the court to decide whether "the death penalty in and of itself violates the Eighth Amendment." A sharp drop in death sentences and executions makes capital punishment "rare and freakish," the brief contends.
By thelegalintelligencer | The Legal Intelligencer | August 11, 2017
Trial court could not require defendant undergo Court Reporting Network evaluation as a condition of bail, as trial court was statutorily limited to imposing nonmonetary conditions of bail aimed solely at ensuring defendant's continued appearance and preventing violation of standard conditions of bail. Order of the trial court reversed.
By thelegalintelligencer | The Legal Intelligencer | August 11, 2017
A work-release prisoner's failure to go to work after being released to do so and having his whereabouts unknown for a majority of his absence from prison constituted a sufficiently significant deviation from the route of travel to constitute the offense of escape. Judgment of sentence affirmed.
By thelegalintelligencer | The Legal Intelligencer | August 11, 2017
Penalty provisions of sex offender registration statute did not violate Ex Post Facto Clause, where defendant had failed to comply with registration requirement after the legislature had already criminalized such failure. Judgment of sentence affirmed.
By thelegalintelligencer | The Legal Intelligencer | August 11, 2017
The suppression court appropriately denied defendant's motion to suppress a handgun seized by police from a public bathroom in a barbershop where defendant worked since he failed to establish a subjective expectation of privacy such that the warrantless police entry implicated his own personal privacy rights. The court affirmed defendant's judgment of sentence.
By thelegalintelligencer | The Legal Intelligencer | August 11, 2017
The Post Conviction Relief Act court appropriately granted defendant a preclusion order since the private interview prosecutors sought with defendant's trial counsel could easily have become a freewheeling inquiry into privileged matters falling outside the scope of defendant's claim of ineffective assistance of counsel. The court affirmed an order of preclusion.
By thelegalintelligencer | The Legal Intelligencer | August 11, 2017
Evidence of refusal of blood alcohol test properly excluded where commonwealth permitted to submit other evidence of defendant's reckless driving, including his consumption of alcohol, high rate of speed, and failure to stop at a red light, as evidence of refusal of test presented risk of unfair prejudice or confusion of issues. Order of the trial court affirmed.
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