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Articles Posted in Trial

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Cobb County District Attorney Makes the Right Call Not to Retry Ross Harris for Murder

I am happy to see that the Cobb County, Georgia District Attorney has now made the decision not to retry Ross Harris for the murder of his child when he left his child, Cooper, in a hot car. You may recall that the Georgia Supreme Court reversed the conviction in…

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The Key to the Courthouse Door: The Critical Role of Contingency Fees in Our Civil Justice System

Often, when there has been a string of trial victories for the plaintiff, the defense bar overreacts and calls for a wholesale change in our Civil Justice System. This often includes a feigned outrage over plaintiff’s attorneys’ contingency fees, as if how a plaintiff’s attorney is paid for their success…

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Georgia Rules of Evidence Carry the Day in the Ross Harris Hot Car Death Appeal

              You have probably heard by now that the Georgia Supreme Court on Wednesday reversed the conviction of Ross Harris for murder for the death of his young child, Cooper Harris, who Ross Harris left in the back seat of a hot car for…

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Hands Free Driving: Are You Willing to Take the Risk?

Have you seen the new commercial made by GMC for its new Sierra and Yukon Danali pick-up trucks that features hands free driving? It shows a person sitting in the driver’s seat of the truck (I hesitate to call this person a “driver” because he is really not driving at…

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“Isn’t That a Jury Question?” U. S. Supreme Court Bores Down to the Heart of the Matter in United States v. Tsarnaev

“Isn’t that a jury question?”  As a trial lawyer who has tried 75 jury trials in Georgia, that is my default position, i.e., a jury should decide each issue of fact. Not a trial judge and certainly not an appellate court. Juries perform this task of finding facts every day,…

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Joshua’s Law and Other New Georgia Laws Go Into Effect on July 1, 2021

July 1 always welcomes in the new laws passed by the Legislature in the last Legislative session. Tomorrow Georgia will have several new laws that go into effect, many of which you may not be aware. The first you should know about is “Joshua’s Law,” codified at O.C.G.A. § 40-5-10. …

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Have You Had An Arbitration Clause Forced On You Lately? Probably

Have you received something like this lately from any corporation?  It is a “forced arbitration” clause in which a corporation unilaterally revokes your right to a jury trial should it cause you harm or damages in any way. This forced arbitration clause is AT & T’s version. Rather than telling…

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Whoever Wants To Serve on a Civil Jury Trial During a Pandemic Raise Your Hand~ Part Two

            I hope many of you read my last blog post “Whoever Wants To Serve on a Civil Jury Trial During a Pandemic Raise Your Hand.”    I received some wonderful comments about it, which led me to want to add a bit more to…

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Whoever Wants To Serve on a Civil Jury Trial During a Pandemic Raise Your Hand

We are now one year into the Covid-19 Pandemic. And I can’t even believe I just wrote that sentence.  One entire year. I confess that when we first went into lockdown back in March 2020 (remember that?) I foolishly thought maybe the entire thing would be over in a month…

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5 Things to Consider When Hiring a Personal Injury Lawyer

Having spent several days at home for the Holidays, I was struck (and not in a good way) about how many commercials there are on TV for personal injury lawyers. It is NON-stop. And the same goes for social media, where plaintiff’s lawyer after plaintiff’s lawyer is shown in a…

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