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From Oglethorpe To The Overthrow Of The Confederacy: Habeas Corpus In Georgia, 1733-1865, Donald E. Wilkes Jr.

Scholarly Works

This Article will provide, for the first time, a comprehensive account of the writ of habeas corpus in Georgia not primarily focused on use of the writ as a postconviction remedy. The Article covers the 132-year period stretching from 1733, when the Georgia colony was established, to 1865, when the Confederate States of America was finally defeated and the American Civil War came to a close.

From Oglethorpe To The Overthrow Of The Confederacy: Habeas Corpus In Georgia, 1733-1865, Donald E. Wilkes Jr.

Georgia Law Review

This Article provides, for the first time, a comprehensive
account of the writ of habeas corpus in Georgia not

primarily focused on use of the writ as a post conviction
remedy. The Article covers the 132-year period stretching
from 1733, when the Georgia colony was established, to
1865, when the American Civil War came to a close. Part
II of this Article, which examines the writ of habeas corpus
in colonial Georgia, begins by briefly summarizing the
history and development of the writ in England, and then
analyzes the reception and availability in the colony of the
common law writ …

Amy And Vicky's Cause: Perils Of The Federal Restitution Framework For Child Pornography Victims, Robert W. Jacques

Georgia Law Review

Child pornography is unique among violent crimes in at
least one aspect: victims are harmed not only from their

initial abuse but also from knowing that people on the
Internet continue to view the images. In recent years, a
split has arisen among federal courts on whether victims
of child pornography are entitled to restitution from non-
production offenders, i.e., offenders that were not involved
in the initial abuse of victims. The controversy has
surrounded 18 U.S.C. § 2259-the mandatory restitution
statute for sex offenses. While some courts find victim
harm not sufficiently traceable to the crimes at issue to …

The Panic Defense And Model Rules Common Sense: A Practical Solution For A Twenty-First Century Ethical Dilemma, Teresa M. Garmon

Georgia Law Review

The attorney-client relationshipremains one of the most
highly regarded associations in society and is of
indispensable importance for criminal defendants, but it
is not a relationship that lasts forever. The Model Rules of
Professional Conduct (Model Rules) not only allow
breaking this affiliation, but also sometimes demand it.
Yet, in other circumstances, the Model Rules and judicial
custom may force an attorney to proceed with a
representation-even in the face of fundamental
disagreement with the core defense in a criminal case.
Through the avenue of the gay panic defense, this Note
explores how attorneys can become trapped between their
own …

Prosecutorial Discretion And The Neglect Of Juvenile Shielding Statutes, Andrea L. Dennis

Scholarly Works

When legislatures enact statutes, furtherance of legislative intent depends on the behavior of actors in the executive and judicial branches of government. In the criminal justice system, prosecutors may frustrate legislative intent when they exercise prosecutorial discretion. This Article examines an instance in which prosecutors’ choices work to the detriment of children.

This Article reviews the failure of juvenile shielding statutes to take hold in the prosecution of cases involving child witnesses because of prosecutors’ discretionary decisions not to use these statutes. The Article investigates prosecutors’ pragmatic and doctrinal justifications for not utilizing juvenile shielding statutes and concludes that the …

Class Matters, Erica J. Hashimoto

Scholarly Works

Poor people constitute one of the most overrepresented categories of people in the criminal justice system. Why is that so? Unfortunately, we simply do not know, in large part because we have virtually no information that could provide an answer. As a result of that informational vacuum, policymakers either have ignored issues related to socioeconomic class, instead focusing on issues like drug addiction and mental illness as to which there are more data, or have developed fragmented policy that touches on socioeconomic class issues only tangentially. The bottom line is that without better data on the profile of poor defendants, …

Vesting Title In A Murderer: Where Is The Equity In The Georgia Supreme Court's Interpretation Of The Slayer Statute In Levenson?, Mark A. Silver

Georgia Law Review

The recent Georgia Supreme Court ruling in Levenson v.
Word exposes difficult interpretative and equitable
questions posed by Georgia's slayer statute. The case
began after Debra Post inherited her husband's estate but
was then arrested for his murder. She used her husband's
life insuranceproceeds and the real property she acquired
through the murder to pay two law firms to defend her in
the murder trial before pleading guilty.
The court-appointedadministratorof the estate sued the
law firms for conversion for not returning these illegally
and immorally acquired funds. Under the Georgia slayer
statute, a murderer forfeits the right to serve as …