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Articles Posted in Constitutional rights

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Solitary Confinement in Georgia Prisons is “Draconian”: Confinement in a Prison Shower is Immoral and Unconscionable

  Last week, Judge Marc Treadwell, United States District Court Judge for the Middle District of Georgia, held several officers of the Georgia Department of Corrections in contempt of court for failing to correct numerous violations of the Federal and Constitutional rights of Georgia inmates who are housed in solitary…

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Would Frozen Embryos Be Considered “Unborn Children” in Georgia? You Bet They Would

By now we have all heard of the Alabama Supreme Court decision holding that frozen embryos are “unborn children” under Alabama State Law. This was the holding in LePage v. Center for Reproductive Medicine, issued on February 16, 2024. Although much hay was made out of a concurring opinion that…

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Georgia Tech Recognizes Justice Robert Benham with the Ivan Allen Jr. Prize for Social Courage

  On Thursday, Feb. 8, Georgia Tech’s Ivan Allen Jr. Prize for Social Courage will be presented to Retired Justice Robert Benham.  There is not a more worthy recipient. I have admired Justice Benham for my entire legal career, spanning 35 years now. I highly recommend you listen to an…

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Georgia Rules of Evidence Carry the Day in the Ross Harris Hot Car Death Appeal

              You have probably heard by now that the Georgia Supreme Court on Wednesday reversed the conviction of Ross Harris for murder for the death of his young child, Cooper Harris, who Ross Harris left in the back seat of a hot car for…

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Georgia Supreme Courts Celebrates 175 Years

Oyez, Oyez! Oyez!  All persons having business before the Honorable, the Supreme Court of Georgia, are admonished to draw near and give their attention, for the Court is now sitting. God Bless the State of Georgia and this Honorable Court.  May it please the Court. Yesterday, I was honored to…

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Have You Had An Arbitration Clause Forced On You Lately? Probably

Have you received something like this lately from any corporation?  It is a “forced arbitration” clause in which a corporation unilaterally revokes your right to a jury trial should it cause you harm or damages in any way. This forced arbitration clause is AT & T’s version. Rather than telling…

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Fortunately, Georgia Legislature Fails to Make It Illegal to Videotape Your Loved One’s Care in a Long-Term Facility

  You may remember I wrote recently about the Georgia Supreme Court’s opinion in Nuckles v. State, 853 S.E.2d 81 (December 2020) in which the Supreme Court made it crystal clear that a loved one has the absolute right to place a hidden camera in a loved one’s room in…

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Can You Legally Use a Videocamera in Your Loved One’s Room in a Nursing Home?

Videocameras are everywhere today. They have become a normal, integral part of our lives. Many of us carry a videocamera with us everyday, everywhere we go, on the cellphone we carry with us.  We have “apps” on those cell phones that have as their soul purpose the easy viewing and…

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Whoever Wants To Serve on a Civil Jury Trial During a Pandemic Raise Your Hand~ Part Two

            I hope many of you read my last blog post “Whoever Wants To Serve on a Civil Jury Trial During a Pandemic Raise Your Hand.”    I received some wonderful comments about it, which led me to want to add a bit more to…

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A Loch Ness Monster Spotting: Qualified Immunity Denied to Texas Correctional Officers

I was checking the newly released opinions from the United States Supreme Court and Taylor v. Riojas (11/2/2020) caught my eye.  I’m not sure why.  I must have seen “qualified immunity” somewhere in the summary. Taylor v. Riojas was one of the bunch of qualified immunity cases coming up at the…

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