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 Avalon Zoppo | November 9, 2021
Judge Stephanos Bibas wrote a concurrence last year saying courts shouldn't automatically defer to U.S. Sentencing Commission commentary when sentencing guidelines are ambiguous and that the "rule of lenity" should be applied. On Monday, after the case took a trip to the U.S. Supreme Court, five more judges joined Bibas' opinion.
By Avalon Zoppo | November 9, 2021
Judge Stephanos Bibas wrote a concurrence last year saying courts shouldn't automatically defer to U.S. Sentencing Commission commentary when sentencing guidelines are ambiguous and that the "rule of lenity" should be applied. On Monday, after the case took a trip to the U.S. Supreme Court, five more judges joined Bibas' opinion.
By Allison Dunn | November 8, 2021
Bobby L. Taylor, who appealed the jury's guilty verdict finding him guilty of possession of a controlled substance, claimed the trial court erred when it dismissed a juror for his refusal to vote guilty because of his conflicting preexisting views about the state's drug laws.
The Legal Intelligencer | News
By Max Mitchell | November 8, 2021
Keisha Hudson is becoming the city's top defender after a controversial exit from the Montgomery County Public Defender's Office, where she raised concerns to the state Supreme Court about the way the county court system was conducting bail hearings.
By Allison Dunn | November 5, 2021
The high court said defendant Douglas Evans provided no evidence that the officers' use of force posed a concrete risk to his health or safety and he also failed to demonstrate that any pain caused by the officers' efforts to restrain him was more painful or prolonged than necessary to "subdue him in order to perform a minimally-intrusive and judicially-sanctioned buccal swab."
By Marianna Wharry | November 4, 2021
In a case of first impression, the Appellate Division declined to adopt the U.S. Supreme Court's reasoning from its 2006 ruling in "Hudson v. Michigan."
The Legal Intelligencer | News
By P.J. D'Annunzio | November 4, 2021
But the circuit court did take the district court to task for finding that the inappropriate relationship was likely to exacerbate the need for the defendant to continue undergoing mental health treatment as a condition of his supervised release and thus militated against early termination of his probation.
By Cheryl Miller | November 2, 2021
"Sometimes the Court of Appeal concludes the trial court erred ... but the appellant may not gain any actual benefit from the decision if he or she has served the sentence or completed the probationary period before the Court of Appeal issues its decision in the case," the Central California Appellate Project wrote in an email to panel attorneys.
By Meghann M. Cuniff | November 2, 2021
In a dispute between Avenatti and prosecutors, U.S. District Senior Judge James Selna sided with prosecutors and issued their requested orders verbatim.
By Jasmine Floyd | October 28, 2021
"We hope this case is a siren call to defense and prosecution lawyers to look more critically at their eyewitness testimony, and challenge it before proceeding to trial," defense counsel Craig Trocino said.
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