Legal

January 2011 – No Order in the Court

The article “No Order in the Court” in the January 2011 edition of The Scales of Justice discusses the Smith’s appeal to the Georgia State Supreme Court and the resulting opinions.  Click HERE to read the online version.

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November 22, 2010 – Reason Magazine Article

Reason, a monthly print magazine that covers “politics, culture, and ideas” providing a “principled case for liberty and individual choice in all areas of human activity” published an article entitled, “The Cake Is a Lie: A prosecutor pulls a preposterous stunt in a murder case and gets rewarded for it.”  The article discusses the original trial and the recent Georgia Supreme Court majority and dissenting opinions concerning the Smith’s recent appeal.  Click HERE for the article.

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November 9, 2010 – The Daily Report

On November 9, 2010, Daily Report, Fulton County Georgia’s “leading source for legal news and information” published an article entitled, “Convictions upheld despite closing argument ‘antics’In 5-2 decision, majority ‘frowns upon’ prosecutor’s display of birthday cake, song for dead child”.  The article discusses the original trial and the recent Georgia Supreme Court majority and dissenting opinions concerning the Smith’s recent appeal.

The article referenced Chief Justice Carol W. Hunstein’s dissenting opinion with the following quotes:

“It is not enough to ‘frown on’ behavior that undermines the very foundation of the criminal proceedings,” wrote Hunstein. “We have to stop it. And the only effective means of stopping it is to punish this behavior in the strongest possible manner. The only thing that gets attention is reversal.”

and…

Hunstein wrote, “this prosecutor embarrassed every member of our profession with her behavior” and “did not concern herself with appellants’ right to a fair trial” but “cared only to win at any cost without regard to how unfair, how undignified, how disrespectful her actions were.”

Click HERE to view the  full article available on Law.com.

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