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Full-Text Articles in Law
The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke
The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke
Georgia Law Review
Criminal procedure has undergone several well-
documented shifts in its doctrinal foundations since the
Supreme Court first began to apply the Constitution's
criminal procedure protections to the states. This Article
examines the ways in which the political economy of
criminal litigation-specifically, the material conditions
that determine which litigants are able to raise criminal
procedure claims, and which of those litigants' cases are
appealed to the United States Supreme Court-has
influenced these shifts. It offers a theoretical framework
for understanding how the political economy of criminal
litigation shapes constitutional doctrine, according to
which increases in the number of indigent defense
organizations …
Seen But Not Heard: An Argument For Granting Evidentiary Hearings To Weigh The Credibility Of Recanted Testimony, Michael M. Hill
Seen But Not Heard: An Argument For Granting Evidentiary Hearings To Weigh The Credibility Of Recanted Testimony, Michael M. Hill
Georgia Law Review
The case of Troy Davis shows how difficult it is for a
convicted criminal defendant to obtain postconviction
review of witness recantations. Convicted of murder on
the testimony of nine eyewitnesses, Davis spent over a
decade petitioning for judicial review of the recantations of
seven of those witnesses before the U.S. Supreme Court
ordered an evidentiary hearing in 2009. Concurrently, the
DNA revolution continued to prove the innocence of an
increasing number of convicted inmates across the nation,
and the majority of those convictions had relied on
eyewitness testimony. If these scientific advances suggest
that eyewitness identification is not as …
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
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 …