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Full-Text Articles in Law
Three Strikes And You're Still In? Interpreting The Three-Strike Provision Of The Prison Litigation Reform Act In The Eleventh Circuit, Beatrice C. Hancock
Three Strikes And You're Still In? Interpreting The Three-Strike Provision Of The Prison Litigation Reform Act In The Eleventh Circuit, Beatrice C. Hancock
Mercer Law Review
The three-strike provision of the Prison Litigation Reform Act (PLRA)' was implemented to curb the filing of frivolous and meritless claims by prisoner litigants in federal courts. Although the PLRA is over two decades old, the United States Court of Appeals for the Eleventh Circuit had not had an opportunity to interpret the three-strike provision until May of 2016. Daker v. Commissioner, Georgia Department of Corrections tasked the court with determining what constitutes a strike under the PLRA and whether a serial litigant had accrued three strikes in the dismissals of his previous filings.3 The court determined that want of …
Methamphetamine, Money, And A Motion To Withdraw As Counsel: United States V. Jimenez-Antunez All Boils Down To The Appropriate Standard-, Jessica Haygood
Methamphetamine, Money, And A Motion To Withdraw As Counsel: United States V. Jimenez-Antunez All Boils Down To The Appropriate Standard-, Jessica Haygood
Mercer Law Review
In United States v. Jimenez-Antunez, the United States Court of Appeals for the Eleventh Circuit held that a defendant is not required to show good cause to dismiss his retained counsel, even if the defendant then intends to request appointed counsel. The issue was one of first impression in the Eleventh Circuit, and one that has caused some disagreement between the other circuits. There are distinct differences between the right to appointed counsel and the right to retained counsel under the Sixth Amendment of the United States Constitution. This case continues to uphold those distinctions by keeping the standards …
I Tolled You I Had More Time!: The Future Of Tolling Looks Bright For Crime Victims, As The Georgia Court Of Appeals Establishes New Meaning Of O.C.G.A. § 9-3-99, Gretchen O. Connick
I Tolled You I Had More Time!: The Future Of Tolling Looks Bright For Crime Victims, As The Georgia Court Of Appeals Establishes New Meaning Of O.C.G.A. § 9-3-99, Gretchen O. Connick
Mercer Law Review
Gone are the days of crime victims rushing to the courthouse steps to beat the statute of limitations' ticking clock. Now, crime victims have the ability to make time stand still in regard to their claims arising out of the crime committed against them. Tolling statutes extend the time for plaintiffs to sue by temporarily suspending the running of the statute of limitations. One such statute, section 9-3-99 of the Official Code of Georgia Annotated (O.C.G.A.), tolls the statute of limitations for claims brought by plaintiffs who were the victim of a crime giving rise to their action. The statute …
On Competence: (Re)Considering Appropriate Legal Standards For Examining Sixth Amendment Claims Related To Criminal Defendants’ Mental Illness And Disability, Sarah Gerwig-Moore
On Competence: (Re)Considering Appropriate Legal Standards For Examining Sixth Amendment Claims Related To Criminal Defendants’ Mental Illness And Disability, Sarah Gerwig-Moore
Articles
This Article addresses the questions of attorney error and client competency and examines the following issues: the origin and development of the legal tests for intellectual competency to stand trial or enter a plea and the tests for evaluating Sixth Amendment effective assistance of counsel claims; the range of state and federal approaches to circumstances when those two situations converge; and whether and how our legal tests should be shaped to best assess attorney error when the client likely has an intellectual disability or incompetence. When consideration of a defendant's mental illness or mental disability forms the basis of a …