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Employment

District Attorneys and Solicitors-General recruit and select professional personnel for their respective judicial circuits and counties. Vacancy announcements are posted as a service to these elected chief prosecutors. Please follow the reply instructions included in each announcement. Other employment announcements from the prosecution community are also posted on a regular basis. The Prose... [more]

News Flash

FYI: Bailey v. State

In Bailey v. State, A16A0200 (July 13, 2016), the Georgia Court of Appeals ruled the State may not draw blood from an unconscious defendant under the Georgia Implied Consent laws in the absence of actual, voluntary consent, a search warrant, or demonstrated exigent circumstances. FYI: Bailey v. State... [read on]

FYI: State v. Mantooth

In State v. Mantooth, A16A0256 (July 2, 2016), the Georgia Court of Appeals ruled that a criminal defendant does not have standing to object to a prosecuting attorney’s decision to recuse after the prosecutor has determined that he or she has an actual or potential conflict of interest. FYI: State v. Mantooth... [read on]

Legislation Enacted During the 2016 Georgia General Assembly

The link below provides a summary of the Bills and Resolutions impacting prosecuting attorneys or the criminal justice system that passed during the 2016 Session of the Georgia General Assembly and, in the case of Bills or Resolutions having the effect of law, were approved by the Governor. Summary of Legislation that passed the 2016 General Assembly (PDF) We have provided a brief analysis b... [read on]

FYI: Birchfield v. North Dakota

In Birchfield v. North Dakota, No. 14-1468 (June 23, 2016), the U. S. Supreme Court holds that the Fourth Amendment permits warrantless breath tests incident to arrests for DUI, but not warrantless blood tests. FYI: Birchfield v. North Dakota... [read on]

FYI: Zilke v. State

In Zilke v. State, S15G1820 (6/20/16), the Supreme Court  of Georgia holds that campus police officers have no right to make custodial arrests outside of their territorial jurisdiction. FYI: Zilke v. State... [read on]

FYI: Utah v. Strieff

In Utah v. Strieff, No. 14-1373 (June 20, 2016), the U. S. Supreme Court ruled that Attenuation Doctrine allows evidence seized as part of search incident to arrest on an outstanding arrest warrant to be admissible despite fact that initial stop was unlawful. FYI: Utah v. Strieff... [read on]

FYI: Williams v. Pennsylvania

In Williams v. Pennsylvania, No. 15-5040 (June 9, 2016), the U. S. Supreme Court holds that under the Due Process Clause judge must recuse if he earlier had significant, personal involvement as a prosecutor in a critical decision regarding the defendant’s case. FYI: Williams v. Pennsylvania... [read on]

Skandalakis Appointed to Criminal Justice Coordinating Council

Prosecuting Attorneys’ Council (PAC) of Georgia Executive Director Charles A. Spahos announced today that the Coweta Judicial Circuit District Attorney Peter J. Skandalakis has been appointed to serve as a member of the Criminal Justice Coordinating Council of Georgia (CJCC). Skandalakis was nominated to the Council by the Department of Public Safety. CJCC is an executive branch agency that... [read on]

FYI: Montgomery v. Louisiana

In Montgomery v. Louisiana, No. 14-280 (January 25, 2016), the U. S. Supreme Court holds that its decision in Miller v. Alabama announced a substantive rule of law and must be given retroactive effect by State courts of collateral review. FYI: Montgomery v. Louisiana... [read on]

Asset Forfeiture Reporting

In 2015, the Legislature passed HB 233, which was signed by the Governor on May 6, 2015.  The Bill, known as the Uniform Civil Forfeiture Procedure Act, is intended in part to promote greater transparency as to the use and distribution of forfeited assets.  O.C.G.A. § 9-16-19 requires the Prosecuting Attorneys' Council of Georgia to create standardized forms for reporting the distribu... [read on]

Deal Recognizes Coweta JC District Attorney Pete Skandalakis for Contribution to the Profession in Public Safety

Forsyth, GA – Governor Nathan Deal recognized Coweta Judicial Circuit District Attorney Pete Skandalakis, presenting him with a prestigious award for “Outstanding Contribution which Enhances the Profession” at the Governor’s Public Safety Award (GPSA) Ceremony on December 14, 2015 at the Georgia Public Safety Training Center in Forsyth, GA. The Governor’s Public Safety Awards Program... [read on]

PAC Receives GOHS Grant

October 1, 2015 -- Morrow, GA The Prosecuting Attorneys’ Council of Georgia (PAC) is pleased to announce it has received a $291,600 grant from the Governor’s Office of Highway Safety (GOHS). The grant, which will continue through September of 2016, will provide much needed funding to train law enforcement officers and prosecutors to more effectively detect and prosecute impaired and/or uns... [read on]

FYI: Watson v. State

In Watson v. State, S15G0385 (9/14/15),  the Supreme Court of Georgia holds that the offense of sexual battery must be construed to require actual proof of the victim’s lack of consent, regardless of the victim’s age and overrules all cases holding to the contrary. FYI: Watson v. State... [read on]

Tracy Graham-Lawson named 2015 District Attorney of the Year

Tracy Graham-Lawson, District Attorney for the Clayton Judicial Circuit, was announced “District Attorney of the Year for 2015” on July 19 during the 2015 Summer Conference sponsored by the Prosecuting Attorneys’ Council of Georgia (PAC). PAC presented its annual Summer Conference from July 19-22, 2015 in Jekyll Island, Georgia at the Jekyll Island Convention Center. Each year during the... [read on]

District Attorneys' Association Awards

The District Attorneys' Association of Georgia named its annual award winners for 2015 on July 19 during the 2015 Summer Conference sponsored by the Prosecuting Attorneys’ Council of Georgia (PAC). The winners are: Tracy Graham-Lawson, District Attorney of the Year Hank Syms, Assistant District Attorney of the Year, Division 1 Wanda Vance, Assistant District Attorney of the Year, Division... [read on]

FYI: State v. Springer

In State v. Springer, S14G1539 (June 29, 2015), the Supreme Court of Georgia holds that multiple guilty verdicts for the same conduct that are based on varying levels of mens rea are not mutually exclusive, and overrules Jackson v. State, 276 Ga. 408 (2003). FYI: State v. Springer... [read on]

FYI: Ohio v. Clark

In Ohio v. Clark, No. 13-1352 (June 18, 2015), the U. S. Supreme Court holds that the introduction of statements made by a 3-year-old to his school teachers did not violate the Confrontation Clause of the Sixth Amendment because such statements are not testimonial. FYI: Ohio v. Clark... [read on]

FYI: City of Los Angeles v. Patel

In City of Los Angeles v. Patel, No. 13-1175 (June 22, 2015), the U. S. Supreme Court holds that a municipal ordinance that requires hotel operators to make their registries available to police on demand is facially unconstitutional under the Fourth Amendment. FYI: City of Los Angeles v. Patel... [read on]

FYI: State v. Frost

In State v. Frost, S14G1767 (June 15, 2015), the Supreme Court of Georgia holds that the interpretation of O.C.G.A. § 24-4-417 by the Court of Appeals was too restrictive and that evidence of prior DUI refusals was relevant and admissible to prove knowledge under the statute. FYI: State v. Frost... [read on]

FYI: State v. Jones

In State v. Jones, S14G1061 (June 1, 2015), the Supreme Court of Georgia holds that Rule 404(b) evidence in general intent crimes, like DUI, is relevant when offered for the permissible purpose of showing a defendant's intent and knowledge. FYI: State v. Jones... [read on]

Sowers Named Assistant Solicitor-General of the Year

Amber Sowers, Chief Assistant Solicitor-General for Hall County, was named “Assistant Solicitor-General of the Year for 2015” on May 6 during the 2015 Georgia Association of Solicitors-General (GASG) conference hosted by the Prosecuting Attorneys’ Council of Georgia (PAC). The conference was held in Savannah, Georgia from May 6-8. Each year during the conference, the Georgia Association ... [read on]

Turner Named Solicitor-General of the Year

William Terry Turner, Solicitor-General for the Appling and Jeff Davis Counties, was named “Solicitor-General of the Year for 2015” on May 6 during the 2015 Georgia Association of Solicitors-General (GASG) conference hosted by the Prosecuting Attorneys’ Council of Georgia (PAC). The conference was held in Savannah, Georgia from May 6-8.  Each year during the conference, the Georgia ... [read on]

FYI: Alexander v. State

In Alexander v. State, Case No. S14G1762 (May 11, 2015), the Supreme Court of Georgia overrules Williams v. Duffy and holds that failure of defense counsel to inform a defendant that he would be ineligible for parole as a recidivist is deficient performance under the Sixth Amendment. FYI: Alexander v. State... [read on]

FYI: Rodriquez v. U. S.

In Rodriquez v. U.S., No. 13-9972 (Apr. 21, 2015), the U. S. Supreme Court holds that absent reasonable suspicion, an extension of a Traffic Stop in order to conduct a dog sniff violates the Fourth Amendment. FYI: Rodriquez v. U.S.... [read on]

Douglas County SG Matt Krull Receives MADD Georgia's

ATLANTA—April 9, 2015 Matthew “Matt” Krull, Douglas County’s Solicitor-General, was honored as “Prosecutor of the Year” by Mothers Against Drunk Driving (MADD) at MADD Georgia’s 11th annual Golden Shield Honor Awards and Law Enforcement Banquet held on Thursday at the Georgia World Congress Center. Each year, MADD honors one courageous prosecuting attorney who has shown excellence ... [read on]

FYI: State v. Kazmierczak

In State v. Kazmierczak, A14A2046 (March 30, 2015), the Georgia Court of Appeals rules that odor of marijuana alone is sufficient probable cause to obtain a search warrant for a home. FYI: State v. Kazmierczak... [read on]

FYI: Williams v. State

In Williams v. State, S14A1625 (March 27, 2015), the Supreme Court of Georgia holds that there is a clear distinction between “Implied Consent” and “Actual Consent” pursuant to the Fourth Amendment and Georgia Constitution, and that the State must show both before the result of a state-administered chemical test is admissible. FYI: Williams v. State... [read on]

The PAC Office has Moved

The Prosecuting Attorneys' Council of Georgia has moved. Our new address is: 1590 Adamson Parkway Fourth Floor Morrow, Georgia 30260 Phone: (770) 282-6300  Fax: (770) 282-6368... [read on]

FYI: Parker v. State

In Parker v. State, S14G1005 (Feb. 16, 2015), the Supreme Court of Georgia rules that hearsay is admissible in determining whether an out-of-state person is a material witness to a Georgia criminal proceeding under the Uniform Act to Secure the Attendance of Witnesses from Without the State. FYI: Parker v. State... [read on]

DA Miller Receives Governor's Public Safety Award

Forsyth, GA – Governor Nathan Deal recognized Southern Judicial Circuit District Attorney J. David Miller of Valdosta, presenting him with a prestigious award for “Outstanding Contribution which Enhances the Profession” at the Governor’s Public Safety Award (GPSA) Ceremony on December 17, 2014 at the Georgia Public Safety Training Center in Forsyth, GA. During his keynote address, Deal... [read on]

FYI: Heien v. North Carolina

In Heien v. North Carolina, No. 13-604 (Dec. 15, 2014), the Supreme Court of the United States ruled an officer's determination to stop a vehicle based on a reasonable misinterpretation of the law does not violate the Fourth Amendment. FYI: Heien v. North Carolina... [read on]

FYI: ABA Formal Advisory Opinion 467

On September 8, 2014, the American Bar Association (ABA) issued Formal Advisory Opinion 467 stating that prosecuting attorneys with managerial authority or supervisory responsibility must adopt “reasonable policies and procedures” that will ensure that all lawyers and nonlawyers in their offices conform to the rules of professional conduct. FYI: ABA Formal Advisory Opinion 467... [read on]

Georgia Law Enforcement and the Open Records Act

A Law Enforcement Officer's Guide to Open Records in Georgia,Third Edition (2014), is now available. This booklet, also known as The Blue Book, was a collaborative effort between the Georgia Association of Chiefs of Police, Georgia Bureau of Investigation, Georgia Department of Law, Georgia First Amendment Foundation, Georgia Press Association, Georgia Public Safety Training Center, Georgia... [read on]

FYI: McLaughlin v. Payne

In McLaughlin v. Payne, S14A0220, 2014 Ga. LEXIS 576 (July 11, 2014), the Supreme Court of Georgia finds that a District Attorney's personal interest in the outcome of a case caused the disqualification of his entire office. FYI: McLaughlin v. Payne... [read on]

FYI: Riley v. California

In Riley v. California, No. 13-132 (June 25, 2014), the Supreme Court of the United States rules law enforcement may not, without a warrant, search digital information on a cell phone seized from an individual who has been arrested. FYI: Riley v. California... [read on]

FYI: Flading v. State

In Flading v. State, A14A0557 (May 22, 2014), the Georgia Court of Appeals upholds admission of a defendant’s agreement to plead guilty in exchange for an officer’s withdrawal of his sworn report in an Administrative License Suspension Proceeding in the defendant’s criminal DUI trial. FYI: Flading v. State... [read on]

FYI: Prado Navarette v. California

In Prado Navarette v. California, No. 12-9490 (April 22, 2014), the U. S. Supreme Court holds that an anonymous 911 call alleging a truck drove caller’s vehicle off the road provided reasonable and articulable suspicion that the driver of the truck was intoxicated and justified investigatory stop of the truck. FYI: Prado Navarette v. California... [read on]

National Computer Forensics Institute to offer 2014 Computer Forensics in Court for Prosecutors

The National Computer Forensics Institute (NCFI) is a partnership between the United States Secret Service, Department of Homeland Security, and the Alabama District Attorney’s Association to train state and local law enforcement, judges and prosecutors in computer forensics and digital evidence. If selected, you will be attending this course with twenty-three other prosecutors from all over t... [read on]

FYI: Schedule II Narcotic Drug v. Non-Narcotic Drug

Pursuant to O.C.G.A. § 16-13-30 the punishment for the purchase, possession, manufacture, distribution or sale of narcotic drugs listed in Schedule II is separate and distinct from the purchase, possession, manufacture, distribution or sale of non-narcotic drugs in Schedule II. O.C.G.A. § 16-13-30(c) & (e). FYI: Schedule II Narcotic Drug v. Non-Narcotic Drug... [read on]

Affordable Care Act (ACA) Model Notice

The Department Of Labor issued Technical Release No. 2013-02, which discussed, in part, the Affordable Care Act’s requirement that applicable employers provide a notice to employees informing them of the Health Insurance Marketplace. This notice must be provided by October 1, 2013 to current employees, and to new employees hired after October 1, 2013, within 14 days of their start date. Each e... [read on]

TEAMWORKS Travel & Expense (Concur)

Log onto the CONCUR website Directions for setting up your vendor ID (required before accessing the CONCUR website) The Prosecuting Attorneys’ Council (PAC) has elected to participate in the State’s online TEAMWORKS Travel & Expense (TTE) system (CONCUR) with the State Accounting Office (SAO).  Through this system the entire travel and expense process is automated, with th... [read on]

URGENT: Permanent Injunction Re: OCGA 16-11-200 thru 16-11-203

On March 20, 2013, Judge Thomas W. Thrash, United District Court, N.D. Ga., issued the attached order permanently enjoining enforcement of the following Code sections: OCGA 16-11-200 (transporting or moving illegal aliens); OCGA 16-11-201 (concealing, harboring, or shielding an illegal alien); and OCGA 16-11-202 (inducing an illegal alien to enter state).  These Code section... [read on]

Business Record Certification

The Prosecuting Attorneys' Council has produced a Business Record Certification form which complies with OCGA Sect. 24-8-803(6) and OCGA Sect. 25-9-902(11).  The Certification is patterned after the Federal Business Record Certification.  Also we have produced a form cover letter, patterned after the Federal Cover letter,  which may be used to accompany the subpoena for the produc... [read on]

GBI: Notice of Proposed Amendments to Chapter 92-3

The GBI’s Division of Forensic Sciences has recently sent out notification requesting that the Board of Public Safety amend the GBI rules that specify which breath testing equipment is approved for use in Georgia as required by O.C.G.A. §§ 40-5-67.1 and 40-6-392.   This notification starts the formal process under the state’s Administrative Procedure Act (APA), O.C.G.A. § 40-13-... [read on]

Employment

District Attorneys and Solicitors-General recruit and select professional personnel for their respective judicial circuits and counties. Vacancy announcements are posted as a service to these elected chief prosecutors. Please follow the reply instructions included in each announcement. Other employment announcements from the prosecution community are also posted on a regular basis. The Prose... [read on]

Legal Forms & Templates

Business Records Certification Business Records Certification - Cover Letter, Subpoena Letter to Clerk (complaint) Default Judgment General Civil Case Filing Information Form 1 General Civil Case Filing Information Form 2 General Civil Case Final Disposition Form Rule Nisi Subpoenas Letter   ASSET FORFEITURE GO-BYs: UNIFORM CIVIL FORFEITURE PROCEDURE ACT WARNING: The nature of f... [read on]

Capital Litigation Resources

Capital cases, which are litigated with unusual tenacity, regularly raise legal issues that can be exceptionally difficult to resolve. So that convictions and sentences might withstand federal and state constitutional challenges at the appellate level, the Capital Litigation Division in the Atlanta office assists trial prosecutors by providing in-court assistance, technical advice, as well as le... [read on]

Manuals

Trial Procedure Trial Procedure Manual- Volume 5 (Printable PDF) (Please note: This is a large file and may take a few moments to download) Evidence Manual - Volume 3 (Printable PDF) (Please note: This is a large file and may take a few moments to download) Indictment Forms Manual (Interactive manual)  (Updated Spring 2009) 2014 Capital Litigation Manual The Pr... [read on]

Conference Materials

Please Note: If the title of a session appears in black, it means that PAC has not yet received the handout from the speaker. Please check back periodically as we will be uploading handouts as we receive them up until, and in some cases after, the conference. For your convenience, the date that the handout was uploaded has been noted to the left of the presentation title. Select your Con... [read on]

FYI Newsletter

The FYI is a special purpose publication that offers the prosecution community announcements and details of emerging issues and developments that are time-sensitive. FYI - July 2016 - Bailey v. State (7/13/16) FYI - July 2016 - State v. Mantooth (7/1/16) FYI - June 2016 - Birchfield v. North Dakota (6/23/16) FYI - June 2016 - Zilke v. State (6/20/16) FYI - June 2016 - U... [read on]