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Two Recent Appellate Reversals

The Constitution is Never a Technicality

Posted by Benjamin Goldberg | Feb 26, 2016 | 0 Comments

For the last 4 years, I represented a young lady whose murder conviction was overturned on appeal. I was hired for her retrial. She was released on bond shortly thereafter, and lived the next 4 years with the case hanging over her head. The case was recently dismissed following a successful motion to dismiss based on a violation of her constitutional right to a speedy trial. You can read a recent news article about it here --

During the hearing on our motion to dismiss, the prosecutor started to argue that the case should not be dismissed based on a technicality. The judge was offended by this comment, as she should have been. She corrected the prosecutor by asserting that the Constitution is never a technicality.  

The Constitution is important to all of us and to the freedoms we enjoy as citizens of this country. It is particularly important to the criminal justice system, where we are guaranteed certain rights in order to ensure that injustices don't occur. When I was in law school, someone told me that being a criminal defense lawyer means more than just protecting the rights of our clients. We protect our own rights by protecting those of our clients. If the rights of our clients are violated, then everyone else is vulnerable.  

About the Author

Benjamin Goldberg

Ben has known since college that he wanted to become a criminal defense attorney. At Northeastern University in Boston, Massachusetts, Ben majored in criminal justice with a focus on pre-law. This helped prepare him for law school, when he returned home to Atlanta, Georgia and attended Georgia State University. While in law school, Ben gained valuable experience during externships with the Georgia Innocence Project, the Federal Defender Program and the Georgia Public Defender Standards Council.


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