http://www.georgiafederalcriminallawyerblog.com/ Published by Kish & Lietz, P.C. en-us 2010-03-17T14:57:45-05:00 http://www.georgiafederalcriminallawyerblog.com/2010/03/eleventh_circuit_holds_no_expe.html Last week in Rehberg v. Paulk, the Eleventh Circuit held that sending “emails to third parties constitute[s] a voluntary relinquishment of the right to privacy in that information.” In this case, the investigators subpoenaed the emails directly from the Internet... Eleventh Circuit Court of Appeals Kish & Lietz 2010-03-17T14:57:45-05:00 http://www.georgiafederalcriminallawyerblog.com/2010/03/harrington_v_richter_cert_gran.html The Supreme Court has granted certiorari in Harrington v. Richter, a federal habeas corpus case out of the Ninth Circuit. The Ninth Circuit held that Richter was prejudiced by his defense lawyer’s unreasonable failure to investigate and present expert testimony... Kish & Lietz 2010-03-09T15:04:49-05:00 http://www.georgiafederalcriminallawyerblog.com/2010/03/bloate_supreme_court_holds_tim.html This morning the Supreme Court issued its opinion in Bloate v. U.S. The Court resolved a circuit court split, holding that additional time granted to criminal defendants to prepare pretrial motions is not automatically excludable from the federal Speedy Trial... Kish & Lietz 2010-03-08T13:57:35-05:00 http://www.georgiafederalcriminallawyerblog.com/2010/02/supreme_court_criminal_case_po.html This week, the United States Supreme Court handed down its opinion in Maryland v. Shatzer. The case examined the parameters of the protections afforded by Edwards v. Arizona regarding reinterrogation of a criminal suspect after he has requested counsel. The... Kish & Lietz 2010-02-26T11:07:12-05:00 http://www.georgiafederalcriminallawyerblog.com/2010/02/upcoming_changes_in_the_suprem.html Tom Goldstein at SCOTUSblog discussed his predictions for the future of the Supreme Court yesterday. He predicts that Justice Stevens will retire, but Justice Ginsburg will remain on the bench. His entry includes an in-depth analysis of potential nominees to... U.S. Supreme Court Kish & Lietz 2010-02-24T15:26:53-05:00 http://www.georgiafederalcriminallawyerblog.com/2010/02/phillips_a_crack_reduction_is.html Congratulations to Jake Waldrop and the Federal Defender Office here in Atlanta for winning one at the Court of Appeals this week! Yesterday, the Eleventh Circuit held that Federal Rule of Criminal Procedure 35, which imposes a seven-day jurisdictional time... Kish & Lietz 2010-02-24T15:12:47-05:00 http://www.georgiafederalcriminallawyerblog.com/2010/02/oral_arguments_in_third_circui_1.html Last week, the Third Circuit, which hears appeals from federal cases in Pennsylvania, Delaware, and New Jersey, heard oral arguments in a worrisome electronic privacy case: In The Matter Of The Application Of The United States Of America For An... Kish & Lietz 2010-02-18T14:59:01-05:00 http://www.georgiafederalcriminallawyerblog.com/2010/02/eleventh_circuit_both_defendan_1.html Last week the Eleventh Circuit, which sits here in Atlanta, Georgia, decided U.S. v. Jules. The Court held that “when a district court intends to rely on new information in deciding a motion for the modification of a sentence pursuant... Kish & Lietz 2010-02-11T14:07:13-05:00 http://www.georgiafederalcriminallawyerblog.com/2010/02/eleventh_circuit_discussion_of.html Yesterday, the Eleventh Circuit issued an opinion in U.S. v. Patterson. Even though the criminal defense attorney below failed to object to the Presentence Investigation Report (PSI) and Patterson lost his appeal on the plain error standard, this opinion provides... Kish & Lietz 2010-02-09T10:06:37-05:00 http://www.georgiafederalcriminallawyerblog.com/2010/02/briscoe_v_virginia_federal_sup.html Last week the Supreme Court vacated and remanded Briscoe v. Virginia for proceedings consistent with the decision in Melendez-Diaz v. Massachusetts. We discussed Melendez-Diaz last summer in this post. In Melendez-Diaz, the Supreme Court held that crime lab reports... Kish & Lietz 2010-02-04T14:54:09-05:00