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 Jim Saunders | June 13, 2023
Attorneys for convicted murderer Duane Owen contend that he "lacks a rational understanding of the connection between his crime and [the] impending execution due to his fixed psychotic delusions and dementia."
New Jersey Law Journal | Commentary
By Louis F. Locascio | June 13, 2023
In 1994, an offender's violation of the registration requirements constituted a fourth-degree offense. However, the statute was amended in 2007, elevating a violation to a third-degree offense. If a defendant is sentenced as a sex offender between 1994 and 2007, but violates the registration requirements after 2007, does charging the defendant with a third-degree offense constitute an ex post facto violation?
By Jim Saunders | June 12, 2023
In seeking to halt the execution, Duane Owen's attorneys have pointed to the U.S. Constitution's Eighth Amendment, which bars cruel and unusual punishment, and legal precedents that prevent executing people who are not mentally competent.
New York Law Journal | Analysis
By Joel Cohen | June 12, 2023
But what if the prosecutor's office determines that a convicted defendant in jail may have been wrongly convicted but is actually guilty? What is their obligation then? Can they just sit on their hands and do nothing? Or, if only as a matter of legal ethics, must they try to repair the wrongful conviction by asking the courts to set it aside, even if they believe the defendant is guilty?
By Colleen Murphy | June 5, 2023
"This case presents an issue of first impression," said Gass. "Arizona's appellate courts have accepted special action jurisdiction in cases involving motions to compel mental-health examinations but have not addressed whether non-expert witness testimony opens the door to a court-ordered examination for rebuttal purposes."
By Colleen Murphy | June 2, 2023
"Among other things, the Appellate Court in its opinion compared Belton—an African American man—to Grendel, the mythical monster in the Old English epic, Beowulf," stated Justice Jonathan Biran, in his written opinion for the court. "Belton asserts that this analogy evokes racist tropes of African Americans as subhuman. He raises similar objections concerning several other passages in the Appellate Court's dicta."
By Kevin McGill | The Associated Press | May 30, 2023
Ramos v. Louisiana outlawed nonunanimous jury convictions as unconstitutional, with justices on the 6-3 majority acknowledging the practice as a vestige of racism from the era of laws legalizing racial segregation.
By Kate Brumback | The Associated Press | May 25, 2023
The Georgia Supreme Court in November voted 6-3 to overturn his murder and child cruelty convictions. The Cobb County district attorney's office, which prosecuted the case, said in a statement that while it disagrees with that ruling, crucial motive evidence is no longer available to the state as a result of it. Therefore, prosecutors decided not to retry Harris on the reversed counts.
By Avalon Zoppo | May 25, 2023
Just going through the (Post-Trial) motions would be a waste of time, the Supreme Court says.
By Riley Brennan | May 23, 2023
Other courts across the country have "uniformly rejected" challenges to the "pandemic-induced jury selection procedures" similar to Bell's, while this is the first time a Washington court has addressed the matter.
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