In 1996, in United States v. Mejia, the Eleventh Circuit federal appeals court in Atlanta, Georgia, held that a court order granting a criminal defendant’s motion for additional time to file pretrial motions tolled the Speedy Trial clock for the duration of the extension of time. Last July, the Eight…
Last Tuesday, the Eleventh Circuit Court of Appeals issued its opinion in the Farias-Gonzalez case, which originated in a metro-Atlanta area of DeKalb County, Georgia. Judge Cox wrote for the Court, which held that identity-related evidence is not suppressible when offered in a criminal prosecution only to prove who the…
As you may remember, we have been closely following United States v. Svete, which involves the federal criminal mail fraud statute, in the Eleventh Circuit Court of Appeals in here Atlanta, Georgia. In this post back in April 2008, Paul Kish explained the facts of the case and the original…
Did you know that, even after a jury has acquitted a criminal defendant of charged crimes, a federal court judge may still consider that conduct at sentencing? This unfair and disrespectful-to-juries rule of law is barred by nearly every state, but is permissible in federal courts. We hope the U.S.…
Recently, the Eleventh Circuit (which is headquartered here in Atlanta, Georgia) identified the issues that it will address in a federal criminal appeal involving the federal mail fraud statute. As both Paul Kish and I have discussed here and here, one of the main issues in the case is whether…
Last week, I argued a federal criminal case here in Atlanta in the United States Court of Appeals for the Eleventh Circuit. The main issue in the case was whether a search warrant that was obtained by an Atlanta Police Department Officer could survive scrutiny under the Fourth Amendment. Procedurally,…