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 Allison Dunn | January 13, 2022
"Metaphysical questions about the meaning of 'object' aside, fire falls within the scope of this definition of 'weapon,'" the appeals panel wrote. "It has been used in war for millennia ... and it can be used to destroy, defeat, or physically injure others."
New York Law Journal | Analysis
By Frederick T. Davis | January 13, 2022
The decision is being appealed by the DOJ to the U.S. Court of Appeals for the Fifth Circuit.
By Meghann M. Cuniff | January 12, 2022
The U.S. Court of Appeals for the Ninth Circuit last week rejected a request for en banc review in its overturning of a trial judge's dismissal of a criminal case under the Speedy Trial Act.
By Cedra Mayfield | January 12, 2022
"The trial court concluded that Baker's motion to withdraw was untimely because '[t]he plea had been accepted over five and a half years prior,'" read the Georgia Court of Appeals opinion. "But '[i]t is well settled that a motion to withdraw a guilty plea must be filed within the same term of court as the sentence entered on the guilty plea.'"
By Avalon Zoppo | January 12, 2022
"I hope in the near future the Commission will be able to resume its important function in our criminal justice system," Justices Sonia Sotomayor and Amy Coney Barrett said this week.
New York Law Journal | Analysis
By Paul Shechtman | January 12, 2022
Judge Wilson, in dissent, argued that a limited remand for a 'Frye' hearing—a hearing that should have been held in the first instance but wasn't—was unconstitutional. As best one can tell, however, no judge—state or federal—has previously reached that conclusion. Was he right?
By Jacqueline Thomsen | January 12, 2022
"Simply put, there shouldn't be one set of rules for Republican nominees under Republican presidents and a different set for nominees under Democratic presidents," said Senate Judiciary Committee Chairman Dick Durbin.
The Legal Intelligencer | Commentary
By Matthew T. Mangino | January 6, 2022
The Pennsylvania Supreme Court ruled in the final days of 2021, that "the odor of marijuana alone does not amount to probable cause to conduct a warrantless search of a vehicle." This is "heady" stuff, no pun intended.
By Marianna Wharry | December 30, 2021
The Supreme Court said the sentencing judge's statement that "'[defendant] hasn't had enough time to begin … a history of criminal activity, which I most certainly think would have been the case'" was "based on an impermissible presumption."
The Legal Intelligencer | News
By Aleeza Furman | December 30, 2021
The court found that the precedent applies because, "like the carrying of a concealed weapon by a licensed individual in Hicks, it is simply not a crime for an individual to possess or use marijuana if the requirements of the MMA have been satisfied."
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