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The Goolsby Law Firm Brag Board

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[Photo of the Goolsby Law Firm, 233 Davis Rd., Augusta, GA]Recently, I included a post in which I bragged about my second son Blake's passing the Georgia bar exam and joining our Augusta, Georgia family law firm. Today, I hope you don't mind that, as a proud father, I once again want to brag a little bit--this time about my third son, Zachary. Zach is home for Christmas break and has now passed the midway point of law school! In other words, Zach has three semesters down and only three more semesters to go until graduation! Then, I believe we will be the only law firm in the history of the State of Georgia composed of a parent and three children--practicing law together--who are attorneys!As Augusta, GA lawyers, we primarily handle divorces, child custody cases, adoptions, personal injury cases, and criminal cases, in both state and federal court. I believe I am the only former twenty year federal prosecutor in the Augusta and Evans, Georgia area. I have handled some of the largest, most complex fraud and public corruption cases in Georgia and U.S. history.My first two lawyer sons, Richard (Ric) Goolsby, Jr. and Blake Goolsby, with whom I presently practice law in Augusta, both graduated from Mercer Law School. My third son, Zach Goolsby, presently attends the University of Georgia School of Law, which is where I also graduated. He and I will be the two "Double Dawgs" in our family law firm!So, thank you for understanding and allowing me--a proud father--to brag once again! Congrats, Zach! We are very proud of you and look forward to your joining us at The Goolsby Law Firm! 

Blinded By Anguish

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Yesterday, a terrible tragedy was brought upon Newtown, Connecticut, by a mentally-unstable individual. His targets were primarily very young children. His weapons of choice were guns. Almost immediately, there were some who — in the words of one blogger whose writings I regularly follow — “seize[d] the opportunity to use tragedy to further [their] own [...]

N.D.Ala.: Police entry 22 minutes before SW issued was reasonable because of exigent circumstances

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A warrant was being sought, and the officers waiting for the warrant reasonably figured that their cover had been blown and it was time to secure the premises before the warrant arrived. The seizure of the house and protective sweep 22 minutes before the warrant arrived wasn’t unreasonable. United States v. Figueroa-Cruz, 2012 U.S. Dist. LEXIS 176298 (N.D. Ala. August 2, 2012): Unlike the officers entry into the apartment of Santa [United States v. Santa, 236 F.3d 662 (11th Cir. 2000)] agents at the Skyline Drive house had every reason to believe that the occupants of the house would soon be alerted to the presence of the agents. Stephens ordered an entry to "secure the scene." That stated purpose alone does not alter the fact that the entry was not authorized by a warrant. " Any warrantless entry based on exigent circumstances must, of course, be supported by a genuine exigency." Kentucky v. King, __ U.S. __, __, 131 S.Ct. 1849, 1862, __ L.Ed.2d __, __ (2011) citing Brigham City v. Stuart, 547 U.S. 398, 406, 126 S.Ct. 1943, 164 L.Ed.2d 650 (2006). Stephens stated purpose, however is relevant to the inquiry into whether he "created" exigency as they Eleventh Circuit found was the case in Santa. "A warrantless search is allowed,[], where both probable cause and exigent circumstances exist." United States v. Tobin, 923 F.2d at 1510 . Exigent circumstances exist "where the inevitable delay incident to obtaining a warrant must give way to an urgent need for immediate action." United States v. Morales, 868 F.2d 1562, 1575 (11th Cir.1989). Here there was a warrantless entry and protective sweep of the house. Assuming without deciding that agents seized the drugs and money once they were seen on the counter the Supreme Court has clearly approved the warrantless seizure of property to maintain the status quo while a warrant is obtained where they would or did hold a warrantless search to be invalid. Rowlings [sic] v. Kentucky, 448 U.S. 98, 100 S.Ct. 2556, 65 L.Ed.2d 633 (1980); Arkansas v. Sanders, 442 U.S. 753, 99 S.Ct. 2586, 61 L.Ed.2d 235 (1979); United States v. Van Leeuwen, 397 U.S. 249, 90 S.Ct. 1029, 25 L.Ed.2d 282 (1970). In the present case Stephens did not commence the actual search until warrant had been obtained. (Tr.7/19/12 p.39) The agents watching the Skyline Drive location had reasonable grounds to believe that whoever was in the house would soon be alerted that some form of investigation was on going. With such knowledge the individuals may have been able to flee without detection because agents had only a limited view of the scene. The Eleventh Circuit has long expressed acceptance of the fact that the possibility of destruction of evidence is acute in narcotics cases. Tobin, 923 F.2d at 1511 (This Court has held that the need to invoke the exigent circumstances exception to the warrant requirement is "particularly compelling in narcotics cases" because narcotics can be so quickly destroyed. United States v. Young, 909 F.2d 442, 446 (11th Cir.1990)). Because both probable cause and exigent circumstances existed at the time of the warrantless seizure of the evidence which was in plain view following that entry was consistent with the requirements of the Fourth Amendment. Suppression is due to be denied.

Fatal Crash in Nampa

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 12/15/2012 2:20 pm Please direct questions to the District Office On December 15, 2012 at 5:12 am, Idaho State Police investigated a single vehicle rollover crash on Orchard Avenue east of Lake Avenue in Nampa. Freddy O. Camacho Quezada, 21 of Caldwell, was traveling east on Orchard Avenue in a 2003 BMW passenger car. Camacho Quezada was traveling at a high rate of speed through the intersection at Lake Avenue failing to stop at the stop sign. He lost control of the vehicle, over corrected causing the vehicle to travel off the north side of the roadway. The vehicle overturned several times coming to rest on its top in a dry canal. Camacho Quezada had eight passengers in his vehicle. He and Evan J. Musquiz, 21 of Caldwell, were transported by ground ambulance to St. Alphonsus Regional Medical Center in Boise. Amelia Torres, age 17, was transported by air ambulance to St. Alphonsus Regional Medical Center in Boise. Mariah Stewart, age 15; Adalina D. Torres, age 17; Luis A. Padilla, age 21; and Vanessa C Flores, age 14, were all transported by ground ambulance to West Valley Medical Center in Caldwell. Stephanie M. Rodriguez, 15 of Nampa, succumbed to her injures at the scene. Alexander C. Billos, age 19 of Nampa, was not transported. Alcohol was involved. This crash is still under investigation by Idaho State Police. -------------

Just Sentencing # 3: A restated and expanded limiting retributive model

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Richard Frase, guest-blogging on Just Sentencing: Principles and Procedures for a Workable System (Oxford 2012): In my last guest-blog post I discussed existing sentencing theories and the need for a new (or restated) hybrid model. In this post I’ll summarize...

CT School Shooting Victims Named

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Via the New York Times, the names of those who died in yesterday's CT school shootings. The children: Charlotte Bacon, 6, Daniel Barden, 7, Olivia Engel, 6, Josephine Gay, 7, Ana M.... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Dealing with a Home that was Used for Making Meth

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Is Meth a part of your Home’s History? Those who are in the market for a new home may have more to be concerned about than the value and condition of that home-they should also be concerned about meth labs. The Department of Justice contains a registry of clandestine laboratories, and it could be worth

Las Vegas School Teacher Convicted of Felony DUI gets Six Years

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The Las Vegas teacher who struck a 15-year-old boy while driving drunk in February will serve at least six years behind bars. Noel Lardeo was sentenced to serve 72 months to 180 months in prison. Clark County District Court Judge Stefany Miley handed down the sentence Wednesday. [...]Lardeo failed three field sobriety tests and her blood-alcohol concentration registered higher than .08, the legal threshold for drunken driving  .http://www.lasvegassun.com/news/2012/dec/05/teacher-sentenced-dui-accident-dismembered/

Rolling Stones Tonight on Pay Per View

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Two hours to go until the live Rolling Stones concert at Newark's Prudential Center on Pay Per View. Appearing with them: Lady Gaga, Bruce Springsteen, and the Black Keys. This is the last... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Saturday Night Open Thread

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I'm sure there's news besides the CT shootings and tonight's Rolling Stones Pay Per View concert (see below for posts on both), but I haven't been following anything else today. ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Alcohol and Marijuana Contribute to Bus Crash

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A 24-year-old man got new lawyers and pleaded not guilty to felony charges that he was under the influence of alcohol and marijuana when he crashed a car full of his friends into a Las Vegas bus stop.The Las Vegas Sun reports ( http://bit.ly/TS8ymQ) that a Clark County District Court judge on Wednesday set trial for Gary Lee Hosey for April 1.Four people were killed and eight were hurt in the Sept. 13 crash, including Hosey.Read more:http://www.lasvegassun.com/news/2012/dec/06/nv-fatal-bus-stop-crash/

Roberts on Prison, Foster Care, and Black Mothers

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Dorothy E. Roberts (University of Pennsylvania Law School) has posted Prison, Foster Care, and the Systemic Punishment of Black Mothers (UCLA Law Review Vol. 59, p. 1474, 2012) on SSRN. Here is the abstract: This article is part of a...

Newtown, Connecticut -- A few towns away from where I grew up.

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Sending sympathy to all those killed and hurt in Newtown and their loved ones, and to those who witnessed and were nearby the horror. I know that is not enough from me, but it is a start.  Newtown is just several towns up the road from where I grew up. Even if it were further away, it would not make the tragedy seem any more distant.

PA: Defendant's front driveway not protected curtilage where his damaged car was parked and anyone could walk up

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The police did not violate curtilage by walking up to defendant’s car parked in his front driveway that had been damaged in a hit-and-run, was missing a bumper, and had its airbags deployed. Commonwealth v. Simmen, 2012 PA Super 268, 2012 Pa. Super. LEXIS 4084 (December 11, 2012). Defendant had no standing to challenge the search of her murder victim’s car parked in the victim’s driveway. State v. Jackson, 2012 Tenn. Crim. App. LEXIS 1003 (December 10, 2012). The trial court erred in concluding that the police, on answering a domestic dispute, were required to ask for consent from the defendant, too, under Randolph, after his girlfriend consented to a search of a drawer revealing three guns. People v Watson, 2012 N.Y. App. Div. LEXIS 8504, 2012 NY Slip Op 8562 (2d Dept. December 12, 2012).

Witch Hunt - Sean Penn

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Web Site | DVDAt one time this documentary was on this blog, but it was removed for some reason, so we are adding it back.About: On the night John Stoll was roused from his bed and carted off to jail, his attitude bordered on the cavalier. "Aren't you worried?" His lawyer wondered. "Hell no, I ain't worried," John answered. "I didn't do this. You can't convict me of something I didn't do." It was more than two decades before John Stoll was free again. Executive Producer Sean Penn proudly presents "Witch Hunt," a gripping indictment of the United States justice system told through the lens of one small town. It's John Stoll's story, but it's also the story of dozens of other men and women who found themselves ensnared in a spiral of fear, ignorance and hysteria. These people are Americans, working class moms and dads, who were rounded up with little or no evidence, charged and convicted of almost unimaginable crimes. All sexual. All crimes against children. Years, sometimes decades later, they would find freedom again, but their lives and the lives of their children would be changed forever. This film shows viewers what the real crime in this case is, not molestation, but the crime of coercion. Viewers hear from the child witnesses who were forced to lie on the witness stand as they describe scary sessions with sheriff's deputies in which they were told -- not asked -- about sexual experiences that happened to them. Their coerced testimony led to dozens of convictions. Many times their own parents were the ones they put behind bars. Soon after the trials, the children started to crack. They told adults of the lies they'd been forced to tell on the stand and hoped it would make a difference. It didn't and the convicted continued to sit in prison. As the allegations grew more outlandish, California's Attorney General wrote a scathing report on the court misconduct, but instead of being buried by criticism, Kern County District Attorney Ed Jagels thrived, doing what he did best-- putting people away. He boasted one of the highest conviction rates in the country. This strategy served him well. Jagels is still in office today. Through new interviews, archival footage, and unflinching narration by Mr. Penn, the filmmakers construct an intimate film that illustrates a universal point; when power is allowed to exist without oversight from the press, the community or law enforcement, the rights of everyday citizens can be lost for decades. National film critic Marshall Fine says, "This is a chilling story about American law-enforcement run amok and untethered. It's particularly timely in the wake of revelations about the way the Bush administration has trampled American civil rights. A movie that can't help but move you - to tears and to action."See Also:Wikipedia: Day-care sex abuse hysteria Playlist Link© 2006-2012 | Sex Offender Issues

Kindesmissbrauch: Spanische Polizisten befreien mehrere Jungen

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Die spanische Polizei hat nach einem Tipp durch Interpol einen internationalen Kinderporno-Ring in Alicante gesprengt. Dabei wurden 19 Minderjährige befreit, darunter befinden sich auch nach ersten Medienangaben mehrere deutsche Jungen. Später wurde dieses jedoch zurückgenommen. Die Opfer sollen zwischen 11 und 16 Jahre alt sein. Die Polizei nahm insgesamt 28 Personen fest, gegen weitere . . . → Read More: Kindesmissbrauch: Spanische Polizisten befreien mehrere Jungen

Vergewaltigung: Ermittler zweifeln an Vergewaltigung einer Soldatin

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In einer Kaserne in Bückeburg soll am 12. August eine junge Soldatin erst vergewaltigt und anschließend in einen Spint eingesperrt worden sein. Nun haben die Ermittler jedoch erhebliche Zweifel an dieser Version der Geschichte. So sollen Profiler des Landeskriminalamtes bereits kurz nach der Tat den Verdacht geäußert haben, dass die Tat vorgetäuscht sein könnte. . . . → Read More: Vergewaltigung: Ermittler zweifeln an Vergewaltigung einer Soldatin

Snitching, For Fun and Profit

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<font style="FONT-SIZE: 12px" face="Arial">Necessity is the <strike>mother</strike> parent of invention, and so a new cottage industry is born. What's surprising isn't that it happened. When there is money to be made, someone eventually comes forward to make it. What's surprising is that it took as long as it did. Via Brad Heath at <a href= "http://www.usatoday.com/story/news/nation/2012/12/14/jailhouse-informants-for-sale/1762013/" target="">USA Today</a>:</font> <blockquote> <p><font style="FONT-SIZE: 12px" face="Arial">For a fee, Watkins and his associates on the outside sold them information about other ...</font></p></blockquote>

NEW LOOK

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Long time and careful readers of this humble blog will notice the  blog has a new look. "Change is the price of survival."Gary Player.  Site Feed

Back ashore

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Well, I’m back from my cruise, the main lesson learned being that I’m not a cruise-type guy, although at least things went better for me than for the passengers of the ship at left.  A shout-out to Donovan, the taxi driver in Jamaica, whom we engaged to drive us to “the beach,” and who interpreted this to [...]
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