EPISODE OUTLINES 2023
Outlines for Episodes Recorded in 2023.
Time is flying by. It is already Year 5 and we couldn't be more excited to bring you more content and outlines. Here we will be posting all of the notes from episodes recorded during 2023. These are just rough notes so please excuse typos, etc.
2023 EPISODES
VOIR DIRE
In this episode, the guys discuss Voir Dire. The guys go into specifics about how they handle General Voir Dire and answer what questions are permissible/not permissible. Recorded on 8/18/2022
BENCH CONFERENCES IN CRIMINAL CASES
In this episode, the guys discuss bench conferences in criminal trials. Further, the guys discuss how they handle bench conferences or even if they allow them at all. This episode touches on the different scenarios in which a bench conference could arise and how to handle them at specific points in the trial. Recorded on 10/28/2022
BRADY MOTIONS
In this episode, the guys discuss Brady motions. The guys go into all types of specifics dealing with Brady violations stemming from the landmark case Brady v. Maryland. Recorded on 10/28/2022
MEDIATION TIPS AND TRICKS
In this episode, the guys discuss mediation in civil cases. More specifically, the guys go into a deep dive of tricks/issues Ret. Judge Kell has learned while conducting his mediation business over the last few months. Recorded on 10/28/2022
GRAND JURIES
In this episode, the guys discuss Grand Juries. The topic of Grand Juries is a fairly hot topic around the state nowadays. The guys explain all about regular grand juries and even touch on special grand juries. Recorded on 2/3/2023
CLOSING ARGUMENTS - THE PARAMETERS
In this episode, the guys discuss Closing Arguments. More specifically, the guys discuss what is and what is not allowed in closing arguments. Along with the podcast outline, there is a closing arguments chart attached below that is a great reference. Recorded on 10/28/2022
CLOSING ARGUMENTS - CHART
Attached below is the closing arguments chart mentioned above and in the podcast episode titled Closing Arguments - The Parameters.
NO-KNOCK SEARCH WARRANTS
In this episode, the guys help explain no-knock search warrants. Further, the guys look at no-knock warrants through the lens of a few recent cases dealing with the issue and execution of no-knock search warrants. Recorded on 2/3/2023
DAUBERT IN CRIMINAL CASES
In this episode, the guys try to take a stab at Daubert in criminal cases. The guys owe a lot of this episode to FOP Judge Ben Studdard as he helped prepare some materials to better understand Daubert. Following July 1, 2022, Daubert is the standard that applies to expert testimony in all Georgia cases, not just civil cases. As a result, there are no appellate cases that deal with Daubert, so the guys do their best in explaining this new standard. Recorded on 2/3/2023
JOHNSON V. STATE - HYBRID REPRESENTATION
In this episode, the guys discuss the recent Supreme Court decision in State v. Johnson S22A0964. This decision deals with "Hybrid Representation," that is when a defendant acts on his/her own behalf in court while he/she is at the same time represented by counsel. Recorded on 3/26/2023.
PROBATION REVOCATION HEARINGS
In this episode, the guys discuss all you need to know about the probation revocation process. The guys take you through the multiple steps/ways a probation revocation occurs.
INVOKING THE FIFTH AMENDMENT IN CIVIL CASES
In this episode, the guys discuss the "Invocation of the Fifth Amendment in Civil Cases." The guys explain the process of invoking the Fifth Amendment and they also discuss the implications of using the Fifth Amendment. Recorded on 3/26/2023.
CUSTODIAL STATEMENT FROM MINORS
In this episode, the guys discuss the changing landscape of the law dealing with custodial statements from minors. In Clark v. State, the Court overturned Riley but held the principles behind the decision in Riley were reaffirmed. Overall, the Court made a shift away from the Riley factors and held that the trial court must look at the totality of the circumstances to determine whether a minor's custodial statement is admissible. Recorded 2/3/2023.
JUDICIAL CANONS
In this episode, the guys discuss the canons of judicial ethics . . . . in POETRY style! Recorded on 3/26/ 2023
5 YEAR RULE
In this episode, the guys discuss the 5 Year Rule as provided in 9-11-41 and 9-2-60. In short, the 5 Year Rule allows a case to be automatically dismissed if no written order has been issued in five years. Recorded on 6/29/2023
NAME CHANGE
In this episode, the guys discuss Name Changes. The guys discuss the subtleties of both Adult and Minor Name Changes. Recorded on 6/29/2023.
ETHICS FOR JUDGES
In this episode, the guys discuss ethical issues that keep getting Judges in trouble. The guys did some research with the JQC to determine what issues are reoccurring themes. Recorded on 6/29/2023
MULTI-DEFENDANT CRIMINAL CASES, PART I
In this episode, the guys discuss a topic very relevant to the State of Georgia right now and that is Criminal Trials with Multiple Defendants. This episode is part 1 of a 2 part series discussing trials with multiple defendants. Recorded on 8/28/2023
MULTI-DEFENDANT CRIMINAL CASES, PART II
In this episode, the guys continue their discussion about Criminal Trials with Multiple Defendants. They touch upon managing conflicts/lawyer conflicts, logistics, handling situations where a co-defendant pleads guilty and much more. Recorded on 8/28/2023
SUPERIOR AND STATE COURT APPELLATE PRACTICE ACT
In this episode, the guys discuss the new Superior and State Court Appellate Practice Act (SSCAPA) that went into effect on July 1, 2023. Recorded on 7/13/2023
ACCUSATIONS IN TRAFFIC CITATIONS; SMITH V. STATE, 366 GA.APP. 399 (2023).
In this episode, the guys discuss the case of Smith v. State. Moreover, the larger topic is Uniform Traffic Citations, accusations, and demurrers. Recorded on 7/13/2023
TALKING RICO
In this episode, the guys are joined by Chris Timmons. Chris and the guys discuss a very hot topic . . . RICO. Chris helps explain the RICO from an overview and even touches on some of the higher profile cases that involve RICO. Recorded on 9/14/2023
HIGH PUBLICITY TRIALS, PART I & PART II W/ SENIOR JUDGE JIM BODIFORD
In this episode, the guys are joined by Senior Judge Jim Bodiford. Judge Bodiford and the guys discuss what it is like to preside over a "high-profile" case. Judge Bodiford has presided over some of the most high-profile cases in Georgia trial history. Recorded on 9/14/2023
SENTENCING
In this episode, the guys discuss their general thoughts on criminal sentencing. They discuss the different ways a defendant might plea. Further, they discuss the general process of how a sentencing hearing is conducted. Recorded on 8/15/2023
CLOSING ARGUMENTS IN CRIMINAL CASES, PART I
In this episode, the guys discuss their general thoughts on closing arguments. They discuss the different "styles" they have seen that work and don't work. Further, they also discuss some of the impermissible conduct that has led to reversals in the past. Recorded on 8/15/2023
CLOSING ARGUMENTS IN CRIMINAL CASES, PART II
In this episode, the guys do a deep dive into what is not allowed in a closing argument. Recorded on 8/15/2023
NUCLEAR VERDICTS FROM DEFENSE PERSPECTIVE
In this episode, the guys are joined by Matthew Moffett of the Atlanta law firm of Gray, Rust, St. Amand, Moffett, Brieske. They discuss a hot topic in Georgia right now "nuclear verdicts." The guys get to hear Mr. Moffett's perspective on the ways to deal with "nuclear verdicts" from the Defense side. Recorded on 9/14/2023
NUCLEAR VERDICTS FROM PLAINTIFF PERSPECTIVE
In this episode, the guys are joined by Lloyd Bell of the Bell Law Firm. Mr. Bell has done a great deal of personal injury work and offers a good perspective of "nuclear verdicts" from the Plaintiff's perspective. Recorded on 9/14/2023