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CaseLaw Updates

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Calendar

Jun 3
Joint Law Enforcement & Prosecutor DUI Training - Dallas... [Read More]
Jun 7
Domestic Violence & Commercial Sexual Exploitation of Children - Forsyth... [Read More]
Jun 27
Domestic Violence & Commercial Sexual Exploitation of Children - Canton... [Read More]
Jul 8
Domestic Violence & Commercial Sexual Exploitation of Children - Tifton... [Read More]
Jul 12
Domestic Violence & Commercial Sexual Exploitation of Children - Centerville... [Read More]

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: State v. Hill

In State v. Hill, A13A0610 (April 30, 2013), the Court of Appeals holds that right of State to take direct appeal from dismissal of less than all counts of Indictment or Accusation under O.C.G.A. § 57-2(b)(2) does not apply retroactively to any offense occurring prior to July 2, 2012. FYI: State v. Hill... [read on]

TEAMWORKS Travel & Expense (Concur)

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 the goal of providing faster service to you and increasing efficiency for PAC staff. Effective July 1, 2013, state employe... [read on]

Passing of Fellow Prosecutor Ronald Lewis Jones II

It is with heavy hearts that we announce the passing of one of our fellow prosecutors. Ronald Lewis Jones II, Sr. Assistant District Attorney in the Atlanta Judicial Circuit passed away on April 26th after complications from pancreatic cancer. Viewing - Friday May 3, 2013, 9 AM - 9 PM Gregory B. Levett & Sons Funeral home 914 Scenic Highway, Lawrenceville, GA 30045 Saturday May 4, 20... [read on]

National Crime Victims' Rights Week :: April 21-27, 2013

Georgia to Honor Crime Victims in April during National Crime Victims’ Rights Week Atlanta, GA – The theme for National Crime Victims’ Rights Week is “New Challenges and New Solutions.” The 2013 National Crime Victims’ Rights Week is April 21 – 27th. The state’s Multi-Agency Victim Services Partnership is inviting victims of crime to attend the annual ceremony and open house sc... [read on]

FYI: Missouri v. McNeely

The U.S. Supreme Court decided Missouri v. McNeely, No. 11-1425, on April 17, 2013. The Court ruled that natural dissipation of alcohol in the bloodstream does not per se constitute exigent circumstances sufficient to justify conducting a blood test without a warrant. FYI: Missouri v. McNeely... [read on]

FYI: Florida v. Jardines

Florida v. Jardines, No. 11-564, was decided by the U.S. Supreme Court on March 26, 2013. The Court determined in a 5-4 decision that law enforcement’s use of a trained drug dog to sniff the exterior front door of a residence was a “search” within the meaning of the Fourth Amendment. FYI: Florida v. Jardines... [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]

FYI: Florida v. Harris

Florida v. Harris, No. 11-817, was decided by the U. S. Supreme Court on February 19, 2013. The Court ruled a trial court may presume that a properly trained and certified drug-sniffing dog's alert provides probable cause to search a vehicle. The unanimous Court concluded, “A sniff is up to snuff when it meets that test.” FYI: Florida v. Harris... [read on]

FYI: Chaidez v. United States

Chaidez v. United States, No. 11-820, was decided by the U. S. Supreme Court on February 20, 2013. The Court ruled that Padilla v. Kentucky does not apply retroactively to cases that were already final on Direct Review. FYI: Chaidez v. United States... [read on]

FYI: Evans v. Michigan

On February 20, 2013, the U. S. Supreme Court ruled in Evans v. Michigan, No. 11-1327, that the Double Jeopardy Clause bars retrial of a “Merits-Related” directed verdict even if the trial court misapplies the law or improperly evaluates the evidence. FYI: Evans v. Michigan... [read on]

FYI: Bailey v. United States

The Supreme Court decided Bailey v. United States on February 19, 2013, ruling Michigan v. Summers does not extend to those occupants not in the immediate vicinity of the premises to be searched. FYI: Bailey v. United States... [read on]

FYI: Luangkhot v. State

Georgia Supreme Court holds wiretap orders must be issued by a superior court judge of the circuit where the listening post is located. The Georgia Supreme Court issued the opinion on January 7, 2013 in three cases, consolidated for appeal, Luangkhot v. State (S12G0895), Phommachanh v. State (S12G0905), and Saleumsky v. State (S12G0912). FYI: Luangkhot v. State... [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]

Municipal Prosecuting Attorneys' Registration

The Prosecuting Attorneys’ Council has established a central registry for prosecuting attorneys of municipal courts in Georgia as required by O.C.G.A. § 15-18-91. The 2012 Georgia General Assembly enacted legislation that requires Georgia cities that have a prosecuting attorney’s office for their municipal court to submit copies of the resolution or ordinance creating the office... [read on]

Legislation Enacted During the 2013 Georgia General Assembly

The below is a summary of the Bills and Resolutions impacting prosecutors or the criminal justice system that passed during the 2013 Session of the Georgia General Assembly and, in the case of Bills, were approved by the Governor. Summary of Legislation that passed the 2013 General Assembly (PDF) We have provided a brief analysis by the contributing authors for each of the 71 Bills and Resol... [read on]

Legal Forms & Templates

Business Records Certification Business Records Certification - Cover Letter, Subpoena Letter to Clerk (complaint) Complaint 1 Complaint 2 Consent Order Default Judgment Forfeiture Lein 1 Forfeiture Lein 2 GBI DOFS Fax Cover Sheet General Civil Case Filing Information Form 1 General Civil Case Filing Information Form 2 General Civil Case Final Disposition Form Letter: Consent Order ... [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]

CaseLaw Update

CaseLaw Update - 2013 CaseLaw Update - February 8 - Issue 6-13 CaseLaw Update - February 1 - Issue 5-13 CaseLaw Update - January 25 - Issue 4-13 CaseLaw Update - January 18 - Issue 3-13 CaseLaw Update - January 11 - Issue 2-13 CaseLaw Update - January 4 - Issue 1-13 CaseLaw Update - 2012 CaseLaw Update - December 21 - Issue 51-12 CaseLaw Update - December 14 - Issue 50-12 CaseL... [read on]

PACGA Training

Upcoming Events Domestic Violence & Commercial Sexual Exploitation of Children Savannah Marriott Riverfront 100 General McIntosh Blvd Savannah, GA 31401 May 14, 2013 8:00 AM - 3:00 PM Information and Online Registration 2013 Solicitors General Spring Conference Savannah Marriott Riverfront 100 General McIntosh Boulevard Savannah, Georgia 31401 May 15 - 17, 2013 Information and... [read on]