GPB News Archive

GPB's News site has MOVED!

Check out our completely redesigned webpage at

http://www.gpb.org/news

for the latest in local and statewide Georgia news!

Search This Blog

Blog Archive:

Showing posts sorted by date for query law + legal. Sort by relevance Show all posts
Showing posts sorted by date for query law + legal. Sort by relevance Show all posts

Tuesday, June 16, 2009

PSC Votes To Delay Chairmanship Matter

Today the Public Service Commission decided not to fight the state Attorney General. He disagrees with them on their plan to change how their chairman is determined. But three of the five PSC members disagree with his recent legal opinion, so the matter remains alive.

Last week, Attorney general Thurbert Baker told the Public Service Commission it was violating Georgia law. The PSC wants to elect its chairman, instead of a going by a state-mandated yearly rotation. In addition, the Commission wants to lengthen the chairman’s term from one to two years.

One of the two PSC commissioners who voted against the change, along with Chuck Eaton, is Bobby Baker:
"I was hoping the Attorney General's opinion would have eliminated any ambibuity regarding the commissioners previous actions on May 5th, and that they would have taken his advice to heart and eliminate this problem."
But instead, a cloud of legal limbo remains. Today’s PSC meeting sparked some back-and-forth on the commission panel. Stan Wise disagrees with the attorney general’s opinion, and with fellow commissioner Baker:
"It’s still just an opinion. It's subject to put this Commission in position where we have to fight. Somebody has to challenge this decision...we don't just have to back it up, just because the attorney general makes an opinion."
The challenge involves the state Constitution. Wise, Lauren McDonald, and current commission chairman Doug Everett say it does give the PSC the right to elect its own chair. But a statute was put in-place in 1992 by lawmakers mandating the current system. A bill to remove the provision this year died in the General Assembly’s final hours.

Everett says he and the other two want the change for continuity-sake:
"We are the only agency that changes a chairman every year, a lot of times in mid-stream of a very important project. That's the reason we were trying to do what we did."
But watchdog groups worry if the Commission gets to elect its own chairman, consumer-friendly PSC members may never get the top job.

The PSC decided not to push for legal action now. Instead, the three commission members pushing for change only tabled the matter until next January. That’s when they hope lawmakers will remove the block of a state law.


Monday, June 8, 2009

Baker Opines PSC Violated Law

Georgia's top attorney has ruled that the Public Service Commission had no authority to defy a 16-year-old state law when it voted to extend the tenure of its chairman. Since 1992, the PSC chair has served for one year. Recently, however, the PSC voted to increase the chair's tenure from one to two years.

Commissioner Bobby Baker was one of two who voted against extending the tenure. The other was Commissioner Chuck Eaton. Both are seen as strong consumer advocates.

"I had advised the commissioners from the very beginning that we couldn't ignore the law and the PSC wasn't empowered to take unilateral action to ignore the law and change. I'm hoping that everybody will sit down and review the attorney general's opinion and do the right thing," says Baker.
The man next in line to lead the PSC is Commissioner Stan Wise of Marietta. Wise responded to the AG's opinion saying …
"It's just that. It's an opinion. And so, if Chairman Everett steps down and I assume the chairmanship on July 1st, it remains to be seen if somebody can and will challenge this commission if I continue past January 1st."
A legislative attempt earlier this year to extend the one year tenure made it out of the state House of Representatives but died on the floor of the Senate. Current PSC Chair Doug Everett is scheduled to step down June 30. Under the new rules, Everett will serve another year, absent a legal challenge.

Georgia Voter ID Battle Ends

Georgia’s court battle over photo I.D.’s at the polls has ended. The U.S. Supreme court announced today that it will not to hear the case.

That means a lower court ruling with stand, which says Georgia’s Photo I.D. law is legal and not a burden to voters. Opponents had argued that the law discriminates against the poor and the elderly.

Earlier this year the High Court ruled in an Indiana case that a photo I. D. requirement is a legitimate verification tool.

Monday, June 1, 2009

Advocates Push for Immigration Reform

Rallies titled "The Campaign to Reform Immigration for America" kicked off in more than 30 dozen cities across the country on Monday.

The group is made up of members of the faith, business and labor communities.

Its aim is to secure the federal votes needed so that millions of undocumented workers get to live inside the law.

State representative Pete Marin of Gwinnett County says granting some type of limited amnesty to undocumented workers means millions can live in the United States without fear of reprisals.

"People are afraid of getting out of their homes. People are afraid of engaging, of volunterism. People are afraid of going to the doctor, of going to the hospital. People are in fear. It is a sad story but I see families being split apart because of this, some of the racial laws that we're having."

Gina Perez is a third year accounting major at Georgia State University. She's got friends and family who are afraid to travel through some parts of the state.
"You know how lately there's been a lot of checkpoints on the road? There's this thing, like the prohibited counties. Cobb, Hall and Whitefield or Gwinnett. You do not go to those counties ‘cause you know if you go those counties and they check you, it's bad. How is it fair the regular police can act as ICE agents. It baffles my mind."
Immigration advocates say previous attempts to reform federal immigration laws under Presidents Regan and Clinton have failed and left undocumented workers with few, if any, constitutional protections.

Shuya Ohno is the national spokesman for the Campaign to Reform Immigration for America.

He describes immigration reform as a political hot potato, which no one wants to touch, until it’s politically advantageous to do so.
"I think a lot of people used it for kind of heated rhetoric more than policy solutions. That's why it became such a hot topic on talk radio and cable TV. Cause it was against the back drop of electoral politics."
It's estimated that five-percent of America's workforce are undocumented. That comes out to about 10 to 12 million people. Advocates say, those workers should be given a chance to work for equal pay, to pay back taxes, even a fine if that's required.

However, those who oppose amnesty of any kind for the undocumented -- including DeKalb County resident Joe Patricia Aaronstein -- say those workers should 'go home, get in line and wait their turn.'
"I'm for immigration that's legal. I've done it. I've lived in other countries. And, I did it the legal way. They should do it legally. They should apply for citizenship. There's a way to enter legally."
The Campaign for Immigration Reform for America hopes to persuade U-S legislators to create an independent commission, one which assesses nationwide labor shortages, including in agriculture.

The Obama administration has signaled that it wants to begin a discussion on comprehensive immigration reform before the end of the year.

Monday, May 25, 2009

Nathan Deal Challenges Citizenship Law

Congressman Nathan Deal is proposing a change in the long-standing federal policy that automatically grants citizenship to babies born on U.S. soil. Supporters of Deal's proposal say "birthright citizenship" encourages illegal immigration. Opponents say the proposed law wouldn't solve the illegal immigration problem and goes against the tradition of welcoming immigrants. The 14th Amendment of the Constitution says anyone born in the U.S. is a citizen. Deal, who is running for governor, says the wording isn't meant to automatically give citizenship to babies born to illegal immigrants. Deal proposes that babies born in the U.S. would automatically have citizenship only if at least one of their parents is a U.S. citizen or national, a legal permanent resident of the U.S., or actively serving in the U.S. military.

(Associated Press)

Wednesday, May 13, 2009

State's Top Judge to Teach, Practice Law

Earlier this year, Chief Justice Leah Ward Sears announced she'll step down from the state's highest court when her terms expires in June. Sears joined the Georgia Supreme Court in 1992. She was appointed to lead the court in the summer of 2005 and went on to create the Georgia Supreme Court Commission on Children, Marriage and Family Law. The nation's first African American female Chief Justice will return to practicing law when her current term expires. Sears will join the Atlanta law offices of Chicago-based Schiff Hardin sometime later this year. In the meantime, Sears will teach a seminar titled "Contemporary Issues in Family Law" at the University of Georgia law school, focused on changes in marriage and divorce, and exploring controversial family issues facing the legal system. Finally, in addition to practicing law and teaching, Sears will join the Institute for American Values to serve for one year as the William Thomas Sears Distinguished Fellow in Family Law. The fellowship is named in honor of the chief justice's older brother who died in November 2007 at the age of 53. Recently, Sears' name has come up as a possible replacement to retiring U.S. Supreme Court Justice David Souter.

State

Chief Justice Leah Ward Sears, who joined the Supreme Court in 1992 and went on to create the Georgia Supreme Court Commission on Children, Marriage and Family Law, will return to practicing law when her current terms expires this summer.

Sears will join the Atlanta law offices of Chicago-based Schiff Hardin, sometime later this year.

In the meantime, Sears will teach a seminar titled “Contemporary Issues in Family Law” at the University of Georgia law school, focused on changes in marriage and divorce, and exploring controversial family issues facing the legal system.

Finally, in addition to practicing law and teaching, Sears will join the Institute for American Values to serve for one year as the William Thomas Sears Distinguished Fellow in Family Law.

The fellowship is named in honor of the chief justice’s older brother who died in November 2007 at the age of 53.

Tuesday, March 24, 2009

Georgia Drives Closer to English-only License Testing

Georgia is moving towards becoming the first state in the country to mandate English-only tests for driver's licenses. And members of the business community are worried that the proposal could cost the state money in commerce.

The plan would require English only tests for permanent driver's licenses. Right now, the state offers individual driver's license tests in 12 languages other than English. But Republican Senator Jack Murphy is concerned that people who can't read the signs written in English are driving in harm's way. He says that's all Senate Bill 67 aims to fix.
"It is purely a safety issue. It has not a anti-immigrant bill and I take exception to the people that're saying that."
One of the people criticizing the bill is Peter Isbister, who's with the Mexican American Legal Defense and Educational Fund. He says the bill could have a chilling effect on economic development in Georgia, tempting businesses to look elsewhere for expansion. Issbisster points to the city of Nashville, Tennessee, where a similar proposal was rejected.
"When we see foreign investors comparing and evaluating where they want to where to go, where they want to invest, I think the message that Nashville is sending is a much more attractive one than Georgia will be sending with this bill."
That's why Issbister and other opponents of the bill wore stickers that read "SB67 equals Kia, Go Home."

Korean auto-maker Kia Motors plans to open a 2,200-acre manufacturing plant in West Point later this year.

Helen Kim is with the Korean American Coalition in Atlanta. She says the bill is sending the wrong message to:
"...hard-working families and individuals that live here - Korean and other immigrant citizens and residents, but especially to these international companies like Kia and Sandy Corporation that have been courted actively by the state to come here, bring jobs, invest money." 
Right now, about 5,000 people per month request testing in a language other than English, according to the Georgia Department of Driver Services. If the bill does become law, temporary driving permits could still be given in another language.

Friday, March 20, 2009

State Pays $3-M To Bus Crash Victims

The state of Georgia has paid the maximum legal settlement--$3 million--to victims of the wreck of the Bluffton University baseball team bus accident two years ago. The wreck killed five baseball players, the bus driver and his wife. State law limits Georgia's liability to $3 million per occurrence, no matter how many are injured.

National Transportation Safety Board investigators said the bus driver thought he was staying in an HOV lane on Interstate 75 when he drove onto an exit ramp just north of Atlanta, plowing through a stop sign at highway speed and off of a bridge at the top of the ramp.

The NTSB released recommendations in August urging more clear and consistent highway signs.

Sunday, March 15, 2009

Suburban Thoroughfare Symbolizes Mixed Signals for Immigrants

Odilio Perez aches for a life beyond Buford Highway, a six-lane stretch of strip malls and ethnic diversity that cuts through three counties in Georgia.

The Guatemalan man settled along the artery leading out of Atlanta more than a decade ago, answering the call of local officials who used the springboard of the 1996 Summer Olympics to make immigrants a centerpiece of the community's rebirth. Vacant car lots and whitewashed stores gave way to affordable apartments, an eclectic mix of shops and towering business signs that are a study in polyglot.

"I've lived and worked here for 10 years without a problem," Mr. Perez, 33, said recently in the English he has learned since entering the country illegally. "I'd love to be a citizen, if I had a chance. But I went to a lawyer but he told me there's just no way."
Mr. Perez is part of a massive movement of immigrants who have bypassed traditional destinations in favor of the South.

Perhaps no place captures the transformation as vividly as Buford Highway.

People on both sides of the immigration debate say the highway is unique in its array of groups, and even more significant as an 8-mile example of the conflicting signals immigrants receive about whether they're wanted.

The highway was born when the Olympics peppered the Atlanta area with construction jobs, fueling a 300 percent increase in the Hispanic population in Georgia.

Officials in the working-class suburb of Chamblee saw opportunity and tailored their municipal codes to harness the convergence of newcomers.

The industrial businesses that were the highway's main employers had shut down in the 1980s and early 1990s. As the Games approached, Asian merchants attracted by inexpensive leases and a steady traffic conduit established restaurants and shops along the highway.

Latino workers added to the dynamic. They lived in dilapidated apartments along the road. A few squatted in the woods.

Tension surfaced at City Hall meetings. Longtime residents didn't want empty lots, but they didn't want foreign encampments either.

In response, Chamblee hired its first city manager, Kathy Brannon.

She cracked down on flophouse landlords and strictly enforced loitering rules. Then the city enacted sweeping zoning that permitted retail and new apartments in the same area.

By the end of the 1990s, Chamblee had established a zone dubbed the "International Village," home to nearly 1,000 people, mostly immigrants.

Ms. Brannon, who is to retire this year, has left her successor with an outline for the next vision of Buford Highway: more green space and fewer strip malls, all meant to make the area not just a destination for immigrants but for Atlantans hungry for diversity.

Since the year Ms. Brannon established the International Village, nationwide workplace arrests on immigration violations have increased fivefold, and deportations of suspected illegal immigrants have doubled, according to the Center for Immigration Studies.

In 2006, law enforcement agencies in the Southeast enlisted in a U.S. Immigration and Customs Enforcement partnership that allows local officers to interview and fingerprint foreign-born people they detain.

The stepped-up enforcement has contributed to a decade-long backlog in legal residency applications and, according to the Migration Policy Institute, a wait list of about 1 million for citizenship.

Nikki Nguyen, 54, a Vietnam war refugee who petitioned for years to enter the U.S., filed to sponsor her sister to join her in the U.S. 12 years ago. The case is still pending.

Construction has dried up, and Buford Highway sometimes looks like it did in the old days.

But few immigrant workers plan to leave. With families here, a network of employers and several years invested in Chamblee's immigrant vision, their fortunes are aligned with the highway's.
"This country says it doesn't want us, but when there's a job to be done, it needs us," said Mr. Perez. "We see the two faces of this country up close, and it's sometimes hard to know which is the real one."
(AP)

Thursday, March 12, 2009

Panel Upholds Airport Gun Ban

A federal appeals court has upheld a judge's decision to toss a lawsuit seeking to allow licensed gun owners to carry weapons in parts of the world's busiest airport. That judge had dismissed the lawsuit last year on grounds that the gun rights organization GeorgiaCarry.org failed to prove that a new Georgia law would allow weapons into unsecured areas of Hartsfield-Jackson Atlanta International Airport. A three-judge panel found an appeal of that ruling was "meritless." The legal feud erupted when a new state law took effect in July that allows people with gun permits to carry guns into restaurants and state parks and on public transportation. Atlanta officials quickly declared the airport a "gun-free zone" and warned that anyone carrying a gun there would be arrested. GeorgiaCarry.org sued the city and the airport, claiming the airport qualifies as public transportation under the new state law.


(Associated Press)

Tuesday, February 10, 2009

ATF Doubles Reward on Ft. Benning Blaze Info


Remains of the JAG office. Click on the image for more photos. (Photo: Lily Gordon, Ledger-Enquirer.com)

Federal and military authorities are probing a suspicious blaze that destroyed the Judge Advocate General’s office at
Fort Benning, near Columbus in West Georgia.

Investigators from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives are looking for evidence in the charred remains of the 10,000 sq.-ft. building, which went up in flames on Friday.


The ATF announced Tuesday afternoon that they are adding an additional $5,000 to the $5,000 reward offered earlier by the U.S. Army Criminal Investigation Command (CID) for information on the fire.

Special agent Scott Sweetlow of the BATF National Response Team says the're looking for what sparked the blaze:

“...we're trying to develop a full picture with the use of our accelerant-detection canines, and our chemists. We're collecting evidence, but as a general principle we don't make any sort of a determination until we've got all of the facts in hand.”
If investigators find traces of an accelerant, it may indicate arson.

Former staff judge advocate and former Columbus mayor Bob Poydasheff worked at the office in the 1960's and 70's. He was stunned by the loss:

"It's just absolutely devastating to see. ...an historic building destroyed for what purpose? ... it's just unfair; it's stupid, it's just unfair."

Fort Benning emergency service director Lt. Col. Kevin Clarke says 35 Columbus and Fort Benning firefighters battled the fire, which they got under control around 1 a.m. Saturday.

After viewing the site on Sunday, and speaking with officials, Poydasheff says he has little doubt as to the cause:

"I've been told that there were some propane tanks, and so the way it presented itself - the entire building - there's no doubt in my mind; it was arson."

Sweetow declined to confirm or deny whether propane tanks were found among the ruins of the building.

Sweetow says they expect to conclude their investigation by Friday.

Senior JAG attorney Col. Tracy Barnes believe they'll be able to recover most of their digitally-stored files on the office's network server, computers and e-mail.
"We're certainly aware, that as part of the justice system - the federal court system, there's some critical records that are there," Sweetow said.
Barnes says no evidence was kept in the structure, and that the fire will not affect pending cases.

Post officials have relocated basic legal services to another office for the interim.

The 10,000 sq.-ft. JAG office is the second oldest building on post, and provides legal services for infantry troops and their families at the 184,000-acre training base.

The structure houses a law library, archives, and the courtroom where Army Lt. William Calley was convicted in the murder of 22 Vietnamese citizens at My Lai in 1968. That case was later overturned.

Officials have requested that anyone with information regarding the incident contact CID at 706-545-8915 or e-mail CID at crimetips@conus.army.mil, or ATF's 24-hour, toll-free hotline at 1-888-ATF-FIRE (1-888-283-3473).

Click here for more GPB News coverage about Fort Benning.

Tuesday, January 6, 2009

Cagle remarks on state gun law

Lieutenant Governor Casey Cagle says he’s not for loosening the state’s gun law this year. Cagle signaled yesterday, he doesn’t want a repeat of last year’s heated gun battle that put Georgia in the cross-hairs of the National Rifle Association.

A state Senate study committee has been looking into expanding the gun law to allow Georgians to carry concealed weapons into churches and university campuses.

Last year, lawmakers approved a concealed carry law that stretched to state parks, restaurants serving alcohol and on public transit. The law spurred a legal battle at Hartsfield- Jackson Atlanta International Airport after gun rights advocates argued the airport qualified as public transportation.

Sunday, December 28, 2008

Dire economy led Georgia news in '08

The vast economic crisis has left scores of Georgia's houses empty, its banks shuttered and sent thousands of its residents searching for jobs even as its unemployment rate balloons to heights not seen since Ronald Reagan was president.

The nationwide recession was the top Georgia news story of 2008, according to state editors and news directors voting in The Associated Press' annual survey.

Other stories high on most lists included an energy crisis that sent gas prices on a roller-coaster ride, the U.S. Senate runoff that thwarted Democratic plans for a super-majority in the Senate and the months-long trial of courthouse gunman Brian Nichols.

Yet the economic doldrums was the top choice for seven of 12 Georgia AP members participating in the news cooperative's survey.

Georgia residents began feeling the economic fallout early this year as a growing number of homes remained unsold and credit grew tighter. Firms fired workers, governments furloughed staffers, foreclosures spiked and the state unemployment rate soared to 7.5 percent - the highest in 25 years.

The bleak economy forced regulators to close down five state banks, and led Gov. Sonny Perdue to order spending cuts of at least 6 percent to narrow a deficit that could top $2 billion in 2009.

The new year is unlikely to bring much relief. State economists warn unemployment will climb higher and housing prices will continue to plummet through the first half of 2009.

Volatile energy prices were the No. 2 story of the year. The topsy-turvy fuel market sent the price of crude soaring to as high as $150 a barrel in July before crashing to $33 this month.

The jump in prices, which soared after Hurricanes Gustav and Ike shuttered Gulf Coast refineries, sparked panic among Georgia drivers. Gas stations advertised fuel at $8 a gallon, while some drivers camped out at gas stations to be first in line for new deliveries.

Georgia's seemingly endless U.S. Senate campaign notched the No. 3 spot.

Residents headed to the polls four times to vote on the Senate contest, beginning with the July primaries and ending with a Dec. 2 runoff when Saxby Chambliss was elected to a second Senate term. The Republican's victory over Jim Martin deprived Democrats of a 60-seat filibuster-proof majority.

The conviction and sentencing of Brian Nichols for a deadly shooting spree that began in the Fulton County Courthouse was the year's No. 4 story.

After more than three years and a tangled trail of legal delays, a jury found Nichols guilty of murder. But it deadlocked over whether he deserves the death penalty, forcing a judge to sentence him to life in prison without parole. Now some legislators are intent on changing the state's death penalty rules.

The stubborn drought still squeezing parts of the state emerged as the No. 5 story of the year. While a soggy December helped elevate most of the region from the epic conditions, much of north Georgia - including devastated Lake Lanier - remains in a "severe" drought.

The No. 6 story was the deadly explosion at the Imperial Sugar refinery in February near Savannah that killed 14 workers and injured dozens more. Investigators determined the blast was caused by sugar dust that ignited like gunpowder in the plant's storage silos.

The presidential election, which dominated national headlines, was voted the No. 7 story in Georgia. Democrat Barack Obama's campaign recruited thousands of volunteers focused on turning the state blue, but Republican John McCain managed to claim Georgia's 15 electoral votes.

The No. 8 story of the year broke just hours after New Year's Day.

Meredith Emerson was abducted while walking with her dog that day in the north Georgia mountains, and police later found her body. Authorities soon arrested Gary Michael Hilton, who is now serving a life sentence after pleading guilty to her murder.

The Delta Air Lines merger with Northwest Airlines took the No. 9 slot, as the combination made the Atlanta-based carrier the world's largest airline. It completed a remarkable turnaround for Delta, which had filed for bankruptcy in 2005.

Clayton County's education woes was the year's tenth-ranked story. The Southern Association of Colleges and Schools revoked the county's accreditation after it failed to meet a range of recommendations. More than 3,200 students have since bolted.

Stories close to making the list included convicted murderer Troy Davis' efforts to get a new trial and avoid execution, a legislative session that again ended in gridlock and an explosion at a Dalton law firm that killed the person responsible and injured four others.

(AP)

Tuesday, November 25, 2008

Woman can stay in home, says court in eastern Georgia

A woman on Georgia's sex offender registry will get to stay in her home for Thanksgiving.

Wendy Whitaker's attorneys say a state court in eastern Georgia granted the woman a temporary restraining order, preventing officials from evicting her.

Whitaker, 29, of Harlem, near Augusta, is a plaintiff in a federal lawsuit seeking to strike down housing restrictions for sex offenders.

She's on the registry because of a sex act between her and a boy when both were teen-agers, an act that she and her attorneys say was consensual. Whitaker was 17 at the time. Her attorneys say her punishment is extreme.

She has faced the possibility of losing her home because it's located within 1000 feet of a child care center and church. State law requires people on the registry to live more than 1000 feet from areas where children congregate, such as day care centers and schools.

Whitaker had faced eviction on Thanksgiving Day.

The order allows her to remain in the home as a state court case, which seeks to remove her from the registry, moves its way through the legal system.

Tuesday, November 18, 2008

Cherokee County puts-off immigration vote

The Cherokee County Commission decided Monday night to wait until mid-January at the earliest to vote on a revised ordinance targeting illegal immigrants.

A 2006 county law was passed making it unlawful for landlords to rent or lease to people not able to prove citizenship. That ordinance is currently tied-up in a legal challenge. The revision calls for any prospective renter to apply for an occupancy license and get verified for citizenship. It also targets business owners who hire undocumented workers.

Commission members last night heard public comment on the re-worked proposal, which drew strong opinion from both sides of the issue.

Debbie Seagraves has problems with the proposal. She’s with ACLU-Georgia, and a lifelong Cherokee County resident:

"I'm very concerned about the idea that everyone in this county would be required to get a license to rent a home. If that is not inherently un-American, I don't know what could be."

Seagraves and others also voiced concern over the cost to businesses during bad economic times.

Others support the ordinance. Community activist D.A. King says the proposal hits all the right notes:

"You can tell this is a good ordinance by the amount of people who are here opposing it. This bill--this ordinance--has all the right enemies."

A commission member detailed this version should be able to hold-up to possible legal challenges.

Monday, November 17, 2008

Cherokee County proposes new immigration law

Cherokee County is proposing a new measure to crack down on illegal immigration. The proposal would make renters prove citizenship, and would threaten to suspend business licenses of companies with undocumented workers. The Cherokee County Commission will present the proposal at a public hearing tonight.
In 2006, a similar action was tried, but it was challenged in court and never enforced. The Cherokee Commission chairman says this new ordinance is designed to send a strong message for a problem the federal government won’t address. However, an attorney with the Mexican-American Legal Defense and Education Fund says the measure is quote “legally problematic."

Tuesday, November 4, 2008

GA Supreme Court: new definition of kidnapping

The Supreme Court of Georgia has adopted a new legal standard for the crime of kidnapping, ruling that prosecutors must consider four factors before deciding that significant enough movement of a victim has occurred to warrant the charge of kidnapping. In a split 4-to-3 decision written by Presiding Justice Carol Hunstein, the Court has overturned a Georgia Court of Appeals decision and thrown out kidnapping charges against Joey Allen Garza of Lee County. The high court has upheld his convictions for false imprisonment and aggravated assault.

At issue is the amount of movement required to establish kidnapping. Traditionally, the movement requirement was one of great distance. “In its earliest incarnation, the common law crime of kidnapping required the movement of the victim out of the country,” the 18-page opinion says. Georgia’s first kidnapping statute required that the victim be transported across state or county lines. But increasingly, the majority finds, the state’s kidnapping law has been used to charge people with the more serious charge of kidnapping when the facts support the less serious crime of false imprisonment.

Sunday, October 19, 2008

Dalton's residents bewildered over bombing


Firefighters in Dalton facing smoke and flames from building destroyed in Friday's bombing. (Courtesy)

Barbara Russell's voice almost drops to a whisper as she tries to describe the deadly blast that interrupted her breakfast the other day.

"It was the loudest noise I've ever heard," she says, shaking her head. "You really can't believe it. It really hasn't sunk in "We're all trying to figure this out," says Steve Williams, a senior partner at the firm that was bombed. "It will be a long time before folks come to grips with this. We're just a little town in the Deep South."
The same sentiment kept coming up Sunday at the first town gathering since 78-year-old Lloyd Cantrell died when he bombed a law office that represented his son in a bitter family land dispute. The Friday morning blast killed Cantrell and injured four others at the law firm — and left residents struggling to reconcile how it could happen in their blue-collar town of 30,000.

Cantrell, easily recognized around town clad in bib overalls with a small Chihuahua in his arms, had been embroiled in a dispute with his son, Bruce, since 2006.

Bruce Cantrell had grown fearful of the father and hired a lawyer at McCamy, Phillips, Tuggle & Fordham, to file a lawsuit to keep his dad off the property. The 2006 complaint claimed the elder man stole tools, kicked in a door and threatened to kill himself. Cantrell had given the property to his son.

The Associated Press has been unable to reach Bruce Cantrell for comment.

On Friday, police were called to a disturbance at the firm, housed in a two-story, colonial-style home. An officer saw a man get out of a sport utility vehicle and run behind the building. Seconds later, an explosion tore into the office.

Four were injured, including attorney Jim Phillips, who was described as a longtime friend of Cantrell. Phillips is hospitalized with burns to one-third of his body. He was in critical condition Saturday, and officials didn't immediately return a call Sunday seeking comment on his condition.

Meanwhile, many residents shared a common realization: they simply haven't registered what happened yet.
"Nobody here in this room, nobody in this city was at fault," said Dalton City Police Chief Jason Parker. "I think we accept that. It's time for us as a city, as a community to band together."
The law firm, which has helped produce a generation of local judges and community leaders, was one of the town's "oldest and most important law firms," says Dalton Mayor David Pennington. The city has offered the firm temporary space at city hall, and the firm's lawyers say they're confident they will soon rebuild.
"I will not be run off," says Williams, the firm's partner. "I'm here for the duration." Williams and other residents quietly gathered at Dalton City Hall, talking in hushed tones about what happened — and what could have happened.
"Everybody is just sort of shocked," said Beth Campbell, a local bookkeeper dressed in her Sunday best who showed up at the meeting for some clarity after her pastor announced it at church. "In about two hours time we heard so many stories. You heard so many different things and I still haven't heard what happened."
Kermit McManus, Dalton's district attorney, predicts it could take years for the town to realize the enormity of the attack. He's clearly shaken by the blast, which he called "an attack on the judicial system."
"He was going to blow the whole building up as a result of this legal dispute," he says, shaking his head.
McManus works in a sparkling new county courthouse that fronts a large window. But if he had to build it again, he says, he'd feel safer if his office was built behind thick walls instead of glass.
"It's more devastating than we know," he says."I think it will change the way people think and it's going to change the way people do business."
His voice trails off.
"We don't think in those terms," he says. "Now we will."
Click here for more GPB News coverage of the Dalton bombing.

Friday, October 10, 2008

Handel responds to lawsuit

Secretary of State Karen Handel says a federal lawsuit filed by a coalition of voter groups against her office is an "orchestrated attempt to dismantle" Georgia’s voter ID process.

The lawsuit was filed on behalf of a Cherokee County man who they say is a victim of voter discrimination—claiming naturalized citizens are unfairly targeted. The suit claims state elections officials did not get federally-required approval for new voter registration policies.

Handel responded, saying the groups want to open the door to allow non-citizens to register to vote in November’s general election. She says safeguards in the verification process are legal, and help ensure only those eligible can vote.

But Jon Greenbaum disagrees—he’s with the Lawyers’ Committee for Civil Rights Under Law:

"Not only did they fail to get pre-clearance for the changes, not only are voters being purged within 90 days of a federal election, but the database itself has massive problems".

This lawsuit follows a ruling from the U.S. Department of Justice this week. It said Georgia’s action to verify citizenship using Social Security numbers violates the Voting Rights Act of 1965.





GPB News Team: