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 Katheryn Hayes Tucker | July 14, 2017
Here's a riddle, asked and answered by a federal appeals judge. What do plea bargains and tattoos have in common?
By thelegalintelligencer | The Legal Intelligencer | July 14, 2017
PCRA time-bar could not be equitably tolled, and appellant failed to establish governmental interference by failing to allege correctional officials violated his constitutional rights, and in failing to timely assert the alleged interference. Order of the PCRA court affirmed.
By thelegalintelligencer | The Legal Intelligencer | July 14, 2017
The trial court erred in denying defendant's motion to suppress the discovery of a gun on his person where the quality and quantity of the information provided to the arresting police officers by an unknown source was insufficiently reliable to establish reasonable suspicion. The appellate court vacated defendant's judgment of sentence and remanded for further proceedings.
By thelegalintelligencer | The Legal Intelligencer | July 14, 2017
Trial counsel was not ineffective in failing to explain the elements of crimes to defendant, because defendant admitted in a written colloquy that he understood the elements, and the court also explained the elements to defendant prior to accepting his guilty plea. Defendant's sentence was within the guidelines.
By thelegalintelligencer | The Legal Intelligencer | July 14, 2017
The trial court properly denied defendant's motion for an order barring the commonwealth from seeking a retrial on charges of aggravated assault and attempted murder since defendant's conviction for recklessly endangering another person did not operate as an acquittal to those greater offenses. The court affirmed a trial court order denying defendant's motion to dismiss two remaining charges against him.
By thelegalintelligencer | The Legal Intelligencer | July 14, 2017
The trial court properly found that defendant did not receive a speedy trial in accordance with Pa.R.Crim.P. 600 since certain time attributable to the normal progression of this case, and during which the Commonwealth was not trial-ready, did not constitute "delay" for purposes of Rule 600. The court reinstated a trial court order dismissing the charges against defendant.
By thelegalintelligencer | The Legal Intelligencer | July 14, 2017
There was arguable merit to defendant's ineffective assistance of counsel claim based on counsel's failure to challenge DNA evidence offered by the Commonwealth; however, defendant failed to establish a reasonable probability that the verdict would have been different had counsel provided more able stewardship relative to this evidence. The court affirmed an order denying defendant relief under the Post Conviction Relief Act.
By Marcia Coyle | July 14, 2017
Federal prosecutors have taken it on the chin in recent U.S. Supreme Court decisions that pushed back against the government's expansive reading of federal criminal laws. The latest setback came Thursday, when a federal appeals court voided the corruption conviction of a once-powerful New York state Assembly speaker. Here's a snapshot of the McDonnell decision and other rulings, four of which were issued by the Roberts Court, that restricted prosecution offices.
By njlawjournal | New Jersey Law Journal | July 13, 2017
Mobile Phone Users Did Not Have Reasonable Expectation of Privacy in Their Aggregate Historical Cell Site Location Information
By njlawjournal | New Jersey Law Journal | July 13, 2017
Elements-Based Analysis Proper to Determine "Sufficiently Analogous" Offense Sentencing Guideline for Federally Assimilated State Law Crime
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