Insanity pleas the issue raised by a special plea of insanity at the time of trial is not whether the defendant can distinguish between right and wrong, whether he is capable at the time of the trial of understand the nature and object of the proceedings going on against him and rightly comprehends his own…
We get asked by clients quite frequently whether or not the fact that they were not read Miranda can throw their case out. Although reading of Miranda rights is not necessary that every roadside stop, in the case of State v. O’Donnell, the facts clearly establish that the defendant was under arrest before the police…
What can the State make me produce without violating my Fifth Amendment rights? While the language of the 5th amendment of the United States Constitution has long been construed to be limited to testimony, the Georgia Constitution has been construed to limit the State from forcing the individual to present evidence, oral or real. However,…
Can the defendant compel the prosecutor or the court to grant use immunity to a witness whose testimony would help the defense? This is an important question asked for a defendant who may have a witness with exculpatory testimony that could be helpful to their defense. The defendant sought to compel the prosecutor or the…
