The Georgia Law Blog

The Georgia Law Blog Has Moved!

noreply@blogger.com (Billy Merck) — Mon, 01 Oct 2007 03:06:00 +0000

I have now incorporated The Georgia Law Blog into my main firm site, mercklaw.com. Please visit blog.mercklaw.com (or simply go to mercklaw.com and follow the blog link) for all future Georgia Law Blog updates. This blogger site will remain up so that you can browse the archives.

Thank you for visiting!

Oops!

noreply@blogger.com (Billy Merck) — Thu, 27 Sep 2007 03:18:00 +0000

Wanna hire me to do the research so this doesn't happen again? I'm pretty good, and my rates are reasonable.

"High Court Botched Death Reviews: In justifying sentences, Georgia's Supreme Court has repeatedly cited overturned cases" [AJC]

Federal Jurisdiction Goes Away When Complaint Amended To Eliminate Federal Claims

noreply@blogger.com (Billy Merck) — Tue, 25 Sep 2007 18:04:00 +0000

Pintado v. Miami-Dade Housing Agency, 06-12953 & 06-13184 (9/25/07).

One and Done Baby!

noreply@blogger.com (Billy Merck) — Tue, 25 Sep 2007 03:35:00 +0000

I don't do non-law posts often, but I can't resist this. Simply awesome.

Bill Campbell Will Surrender Law License

noreply@blogger.com (Billy Merck) — Fri, 21 Sep 2007 21:48:00 +0000

The news from AJC via Peach Pundit.

Alabama Inmate Facing Execution Denied Relief By 11th Circuit

noreply@blogger.com (Billy Merck) — Fri, 21 Sep 2007 20:35:00 +0000

Here's the opinion: Arthur v. King, 07-13933 (9/21/07).

Fantasy Football: 2-0!

noreply@blogger.com (Billy Merck) — Tue, 18 Sep 2007 14:13:00 +0000

Sorry flack; you made a valiant comeback effort last night, but came up just short.

As a result, I squeaked by by 3 points, and moved to 2-0 and 3rd place.

Next up is the 1-1 South Georgia Gnats. This is the first week that I've been "projected" to lose, but I overperformed my projection by about 15 points last week, so I ain't skerred.

Supreme Court Oral Arguments

noreply@blogger.com (Billy Merck) — Mon, 17 Sep 2007 17:18:00 +0000

The Supreme Court will hold oral arguments in the following cases on September 24:

10 a.m.
S07G0940. Garland v. The State
S07A1308. The State v. White et al.
S07A1324. Smith v. The State
S07A1253. Dawson v. The State

2 p.m.
S07A0956. Evans et al. v. Knott et al.
S07A1271.Merlino et al. v. City of Atlanta et al.
S07A1391. Sumlin v. The State

and in the following cases on September 25:

10 a.m.
S07A1309. Woodham v. City of Atlanta et al.
S07A1566. Woodham v. City of Atlanta et al.
S07A1306. Tidwell v. Paxton, Sheriff
S07A1327. Head v. Benton, Warden
S07F1422. Lafont v. Rouviere
S07F1075. Banciu v. Banciu

The arguments on September 25 will be webcast live by the court.

Fantasy Football: 1-0!

noreply@blogger.com (Billy Merck) — Tue, 11 Sep 2007 13:32:00 +0000

TGLB Athens 88
M-Town Showboats 84

I'm 1-0, and my 88 points puts me in 4th place in the Tondee's Tavern FF League.

Next up is the 0-1 flackattackers, managed by flack of Tondee's Tavern. I ain't skerred.

Arguments Heard In Ford Case

noreply@blogger.com (Billy Merck) — Tue, 11 Sep 2007 12:28:00 +0000

"Ford takes $13 million verdict to Ga. high court" [FCDR]

"State high court hears appeal in exploding gas tank suit" [ABH]

See my earlier coverage here.

Tondee's Tavern Fantasy Football

noreply@blogger.com (Billy Merck) — Fri, 07 Sep 2007 02:09:00 +0000

It seems like everyone else has shared their fantasy football exploits on their respective blogs, and since I am actually in a league that has grown out of a local blog, I will too.

I am participating in the Tondee's Tavern FF League. My team is TGLB Athens, named (quite obviously I guess) for this blog and my city of residence.

And based on preliminary results, Marvin Harrison and Reggie Bush (mostly Harrison) have helped me jet out to an early 15-1 lead in my Week 1 matchup with the M-Town Showboats. Nobody likes a showboat, M-Town; you're going down.

Voter ID Law Upheld

noreply@blogger.com (Billy Merck) — Thu, 06 Sep 2007 19:24:00 +0000

Here's the news from the AJC.

More later.

Consolidated Tyson Labor Cases To Be Heard In Georgia

noreply@blogger.com (Billy Merck) — Wed, 05 Sep 2007 18:44:00 +0000

GPB reports that 18 consolidated labor suits against Tyson Foods will be heard before U.S. District Court Judge Clay D. Land.

Court of Appeals Opinions Available

noreply@blogger.com (Billy Merck) — Wed, 05 Sep 2007 16:42:00 +0000

The Court of Appeals released opinions in 4 civil cases and 8 criminal cases this past week. The opinions are available through the Fulton County Daily Report with a subscription.

Comcast's Class Action Waiver Unenforceable

noreply@blogger.com (Billy Merck) — Tue, 04 Sep 2007 17:14:00 +0000

The 11th Circuit finds Comcast's class action waiver unconscionable and therefore unenforceable under Georgia law, and therefore allows a class action over customers being overcharged franchise fees to go forward.

Dale v. Comcast, 06-15516 (9/4/07).

Vick's Plea

noreply@blogger.com (Billy Merck) — Fri, 24 Aug 2007 18:47:00 +0000

Here is Vick's plea agreement, filed with the court today.

The funniest part to me? The fact that "Ookie" is actually listed as an a/k/a in the caption of the case.

11th Circuit Rules on Fulton Strip Searches

noreply@blogger.com (Billy Merck) — Fri, 24 Aug 2007 01:07:00 +0000

A blanket policy of strip searches for any inmate entering the jail population, without any showing of reasonable suspicion of hiding weapons, drugs, or other contraband, is unconstitutional. Reasonable suspicion exists for strip searches of violent arrestees, and usually not for nonviolent ones. The city and county are not liable. This is an oversimplificiation; if you want the unsimple version, read the opinion: Powell v. Barrett, 05-16734 (08/23/07).

Punitives Still Available In Maritime Actions

noreply@blogger.com (Billy Merck) — Thu, 23 Aug 2007 18:54:00 +0000

Punitive damages are still available in the 11th Circuit in "maintenance and cure" actions, despite the decision of the U.S. Supreme Court in Miles v. Apex Marine Corp., 111 S. Ct. 317 (1990).

Atlantic Sounding Co. v. Townsend, 06-13204 (8/23/07).

Nine Candidates For New State Court Judgeship In Clarke County

noreply@blogger.com (Billy Merck) — Thu, 23 Aug 2007 15:28:00 +0000

From the ABH:

Nine lawyers and judges applied to be Athens-Clarke County's second state court judge by late Wednesday, the deadline for applications for the judgeship.

The state Judicial Nominating Commission is scheduled to interview the candidates Tuesday, then forward a short list of recommended names to Gov. Sonny Perdue for a final selection, likely on Wednesday or Thursday, said Barbara Watson, executive assistant to Michael Bowers, who chairs the commission.

The applicants are:

Magistrate Court Judge Patricia Barron
Municipal Court Judge Kay Giese
Former Magistrate Court Judge John Michael Coleman
Former Municipal Court Judge Ethelyn Simpson
John F. Beasley, Jr. (see attorney directory after following link)
Edward H. Brumby, Jr.
William C. Bushnell
Former Athens-Clarke County Attorney Ernie DePascale (not D. Pascale, as the paper had it)
Phillip C. Griffeth

The person appointed to this new seat will have to face reelection immediately in 2008.

Habeas Granted

noreply@blogger.com (Billy Merck) — Wed, 22 Aug 2007 18:39:00 +0000

The district court erred in requiring the defendant to proceed pro se when he had not clearly and unequivocally elected to do so.

Jones v. Walker, 04-13562 (8/22/07).

EPA's OK On Oglethorpe Plant Upheld

noreply@blogger.com (Billy Merck) — Tue, 21 Aug 2007 16:38:00 +0000

11th Circuit gives Chevron deference to the EPA's interpretation of Georgia's Statewide Compliance Rule, and thus upholds EPA's failure to object to a permit granted to Oglethorpe Power Corporation.

Sierra Club v. EPA, 06-10714 (8/21/07).

Vick To Enter Plea Next Monday

noreply@blogger.com (Billy Merck) — Mon, 20 Aug 2007 19:31:00 +0000

From the Virginian-Pilot via How Appealing:

Atlanta Falcons quarterback and Hampton Roads native Michael Vick has accepted a plea deal - and a likely prison sentence - to avoid additional federal charges related to a professional dogfighting operation, according to one of Vick's attorneys.
Vick is going to enter a guilty plea to the felony conspiracy charge at 10:30 a.m. next Monday, said Lawrence Woodward, one of Vick's defense attorneys.
"Mike's accepting full responsibility," Woodward said. "He's going to do everything he can personally and professionally to make this situation right."

After Vick enters the plea, it will be at least 60 days before a sentencing hearing is held. The hearings for his co-defendants who have already pled have been set in November and December.

Status Conference at 3:00

noreply@blogger.com (Billy Merck) — Mon, 20 Aug 2007 18:36:00 +0000

A status conference is scheduled in Vick's case at 3:00, at which time we should have more information about Vick's deal.

Vick Reportedly Accepts Plea Deal

noreply@blogger.com (Billy Merck) — Mon, 20 Aug 2007 18:21:00 +0000

CNN is reporting that Vick has accepted a plea deal, and is citing as sources a Virginia newspaper and one of Vick's attorneys, Lawrence Woodward. More details to come...

Lawyer Ad Of The Day

noreply@blogger.com (Billy Merck) — Sun, 19 Aug 2007 14:36:00 +0000

We've noticed that not all of you are enthrolled with my intermittent, inconsistent reporting of appellate decisions. We hear ya. So in an attempt to be, if not all things to all people, at least a few more things to a few more people, we're going to be rolling out some new features here at the GLB.

First up is a feature called "Lawyer Ad of the Day". Pretty self-explanatory; we're gonna feature funny, bad, really good, or otherwise interesting lawyer ads. Ideally we will focus on ads from Georgia, but we're not going to limit it to that. If you have any suggestions for lawyer ad of the day, send it to the tipline.

I have to start with this one: an ad from Jim "The Hammer" Shapiro. From the beginning of the Wikipedia bio of Jim:

Jim "the Hammer" Shapiro is an American attorney and author who was known in the Rochester and Florida areas (as well as some areas of Canada where Rochester station WUHF is available on cable) for his aggressive television commercials, as well as for a letter of solicitation he sent to a comatose accident victim.

Here's a classic ad soliciting business from victims! victims! VICTIMS!!!