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 thelegalintelligencer | The Legal Intelligencer | August 18, 2017
Court ruled that evidence was not so overwhelming as to establish that the jury would have also convicted defendant under the proper mens rea standard and thus appellant established trial counsel's ineffectiveness had an adverse impact on outcome. Order of the PCRA court reversed.
By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
Passenger in a vehicle unconstitutionally seized by police entitled to suppression of all evidence found in the vehicle, rather than just the areas of the vehicle where the passenger had a reasonable expectation of privacy, where the search of the vehicle stemmed from the passenger's illegal seizure. Order of the superior court affirmed.
By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
Six criminal contempt convictions arising from a single courtroom hearing did not violate double jeopardy where each conviction was preceded by a separate contemptuous act, despite the acts' temporal proximity and allegedly singular motivation. Judgment of sentence affirmed.
By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
Trial counsel was ineffective for failing to consult with defendant about an appeal, since counsel established such a duty by specifically preserving an issue for appeal that a reasonable defendant would want to pursue where success on appeal could result in dismissal of charges. Order of the PCRA court reversed, case remanded.
By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
Present conviction on a single count of burglary did not render offender ineligible for RRRI, where the statute's focus on "history" of violent offenses indicated it only intended to exclude career offenders less likely to benefit from RRRI program. Order of the superior court reversed.
By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
Police had probable cause to stop defendant's vehicle for a possible violation of the Motor Vehicle Code where a state trooper observed defendant operating his vehicle with its high beams on within 500 feet of the trooper's approaching cruiser, even though the roadway was divided by a concrete barrier. The court affirmed defendant's judgment of sentence.
By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
Trial court properly denied appellant's motion for a new trial after he was convicted for drug delivery resulting in death, possession with intent to deliver, possession of drug paraphernalia and possession of controlled substance because his constitutional challenge to 18 Pa. C.S.A. §2506 failed, there was sufficient evidence that the heroin he sold caused the addict's death, trial court gave adequate cautionary and jury instructions and prosecution's reference to user's credibility in its closing argument was in response to comments by the defense in its closing argument. Affirmed.
By newyorklawjournal | New York Law Journal | August 18, 2017
Real Estate Agency Denied Dismissal of Code Violation; Statute Found Constitutional
By newyorklawjournal | New York Law Journal | August 17, 2017
U.S. DISTRICT COURTWESTERN DISTRICT OF NEW YORKCriminal Law
By R. Robin McDonald | August 17, 2017
The SEC charges fraud organizers put some money aside to buy oil-drilling operations to make their high-earning scam appear real.
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