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
Daily Report Online | Commentary
By Brandon Bullard | March 21, 2022
Depending on how you count, the Supreme Court of Georgia sheared away three to five decades of its own precedent last week in that case.
New York Law Journal | Analysis
By William Ramos | March 18, 2022
This article aims to clarify the impact of 'Lashley' on the illegal sentence exception to the preservation requirement where there is a claim of illegal predicate felon adjudication.
By Meghann M. Cuniff | March 16, 2022
Senior U.S. District Judge James Selna is expected to schedule a new trial shortly.
By Marianna Wharry | March 16, 2022
"The term 'lustful disposition' perpetuates outdated rape myths that sexual assault, including child sex abuse, results from an uncontrollable sexual urge or a sexual need that is not met," the court wrote, referring to a nearly 100-year-old doctrine that allowed prosecutors to admit evidence of prior, uncharged acts by a defendant against the same victim in a sexual assault case.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | March 15, 2022
The Court of Appeals in 'Matter of Endara-Caicedo v. NYS Department of Motor Vehicles' recently addressed the circumstances in which a motorist will be subject to revocation of her driver's license for refusing to submit to a chemical blood alcohol test. The majority held that a motorist cannot avoid revocation even when the request to submit to a test takes place more than two hours after the arrest.
By Jim Saunders | March 15, 2022
A three-judge panel of the 11th U.S. Circuit Court of Appeals said a federal district judge in 2018 improperly overturned the conviction.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | March 13, 2022
State v. Nyema reminds us that there are issues with criminal identifications, stops and detentions resulting in criminal prosecutions that are bound up with race.
By Allison Dunn | March 11, 2022
In a matter of first impression, the Colorado Court of Appeals held that exigent circumstances of a grisly fatal shooting supported a warrantless ping of the suspect's phone in order to immediately locate him. The ruling joins a growing list of similar decisions across the country.
By Meghann M. Cuniff | March 10, 2022
Two judges indicated the trial court's error may not have been in rejecting the double jeopardy bid but in declaring an evidentiary violation by prosecutors in the first place.
By Allison Dunn | March 10, 2022
Florida's Fourth District Court of Appeals is asking the state Supreme Court to determine whether a fundamental error occurred when a criminal defendant virtually attended a sentencing hearing and did not expressly waive his right to be physically present in the courtroom.
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