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Kish & Lietz
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Swear to God, same thing happened to me! Go to a party on a Saturday night, cops bust in, homeowner claims to “know nothing”, everybody gets busted and goes down to the police station. Officers make arrests for trespassing, since the homeowner dummies up. That is basically the fact pattern from District of Columbia v. Westby, to be argued in the Supreme Court soon. However, there is no crime of “trespassing” if there is nothing to suggest that that the partygoers knew or should have known that they were entering against the owner’s will. The arrested folks brought a lawsuit against the arresting officers for false arrest, they won a judgment, and the DC police brought the case to the Supreme Court, arguing that its officers had probable cause under the Fourth Amendment to make the arrests.
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I happen to like people like Rodney “Rod” Class, even if I often disagree with them. Some people call him a “gun nut.” He refers to himself as a “constitutional bounty hunter.” He likes his guns, and has a very healthy distrust of government. Rod’s case will be argued late next week in the Supreme Court, and the main issue is whether a guilty plea waives a challenge to the constitutionality of the criminal offense to which the person entered a plea. I wrote about Rod’s case last Winter, and sort of predicted it might be accepted for review by the Supreme Court. Turns out it was accepted, and it is a big deal in our business.
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OK, those unfortunate souls who occasionally read this blog know that I like to go on about the intersection of the 18th Century language in our Bill of Rights (which includes such tremendous ideas like religious liberty, freedom of expression, the right to not incriminate oneself and the right to be free from unreasonable searches), with the world of smartphones, digital communications, and mountains of data for each person and incident that happens to be captured by some device or trove of information. We all know the the “Framers” or our Constitution had no way of predicting what the world would look like in 2017, but it is fascinating that we try to match their expectations up with modern existence.
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Like the swallows returning each year to Capistrano, we are in the midst of the annual flight to Justice, when the U.S. Supreme Court decides which cases it will review at the beginning of its new year. On the first day when they announced several cases for review, the Supreme Court demonstrated that this “Term” will have a big impact on the type of constitutional issues that we regularly face when representing people or companies under investigation or being prosecuted for alleged crimes.
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I got a notice recently that in a few weeks will be the 35th anniversary of the day I was sworn into the Bar as a lawyer. Also, I decided to look back at the history of this little blog, and discovered that soon after my 35th Bar anniversary we will pass the 10th anniversary of this “weblog” (which is how these little publications were originally known). Like all milestone anniversaries, these two caused a bit of reflection, something kind of rare for a busy practicing lawyer. ...

https://www.georgiafederalcriminallawyerblog.com/2017/05/anniversaries.html
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We represent lots of people convicted of federal white collar crimes, and in many of these cases, our clients have defrauded or caused losses to individual or institutional victims. We always try to have our client pay back to any victim as early as possible, if the client was truly responsible for the victim’s loss. Repayment is not only the right thing, it also helps us in trying to get the best possible sentence. ...
https://www.georgiafederalcriminallawyerblog.com/2016/10/can-client-pay-victims-judge-puts-jail-appellate-court-reverses-sentence-judge-jails-defendant-unable-pay.html
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Whether here in Atlanta or other places, Carl and I represent a lot of folks who eventually face a sentencing hearing at the end of a federal criminal case. Anyone whose spare time has brought them here knows that we chat about federal sentencing a lot, whether to analyze or to criticize how it is applied. But whether we are analysts or critics, we always recognize that the topic remains one of the hottest subjects in the United States Supreme Court. Yet another case this term, Beckles v. US, exemplifies this point. ...
https://www.georgiafederalcriminallawyerblog.com/2016/11/federal-criminal-sentences-still-hot-topic-supreme-court.html
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today's post talking about an upcoming Supreme Court case involving the Brady rule, which says that a prosecutor violates the Constitution if he or she knows about and withholds exculpatory evidence that tends to show the Defendant did not "do it"http://www.georgiafederalcriminallawyerblog.com/2017/02/brady-rule-fox-guards-henhouse.html
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