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Articles Posted in Trial

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See You In Court

  Friends: I am happy to share with you that I have recently begun co-hosting a podcast called “See You In Court.” “See You In Court” is a podcast sponsored by the Georgia Civil Justice Foundation, on which I sit as a Board Member.  My co-host is Lester Tate, partner…

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Mediation During the Time of Coronavirus

The global pandemic has caused many state legal systems to declare a judicial state of emergency. The state of Georgia is currently under state of emergency protocols that are set to last through August 11, 2020.  When jury trials will restart in Georgia is any one’s guess. I just received…

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When Our Justice System Fails~A Georgia Story of Injustice

I was struck this week with an opinion of the Georgia Court of Appeals in what is probably a very rare scenario:  where the defendant has already served his entire sentence but the Court exercises jurisdiction to hear the appeal anyway. I would be curious to know how often that…

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What’s Wrong with Having a 13th Juror? Anything?

Recently, there have been a couple of criminal cases heard by the Georgia Supreme Court which have involved the trial judge’s inherent duty to be the final arbiter of fairness and justice in the courtroom. Sometime this is referred to as the “13th Juror,” because the trial judge sometimes must…

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“We Don’t Get Paid Unless You Get Paid” and Other Slogans Used by TV Advertisers

I have been recovering from hip replacement surgery (my second) these last two weeks and have watched a lot of daytime television while keeping my leg elevated and ice on my hip.  Although I have enjoyed the short sabbatical, I hate that it came only through the necessity of having…

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DeKalb Jury Returns Verdict of $2.35 Million in Medical Malpractice Wrongful Death Trial

I am proud to report that after a three week, hard-fought trial in DeKalb County State Court, a jury returned a verdict in favor of my client for $2.35 Million in a medical malpractice wrongful death case. I will blog more about this shortly, but wanted to share with my…

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Jury Duty: Accessible for All

A neat thing happened last week in DeKalb County State Court as I was striking a jury. I’m not sure if anyone else noticed it or appreciated it, but I certainly did. The judge had called in 60 potential jurors to go through “voir dire,” or jury selection, in my…

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The Alarming, Inexcusable State of Mental Health Care in State Prisons

As I write this, many of the headlines in the news are about the so-called “shocking” suicide of alleged child sex trafficker, Jeffrey Epstein, who, allegedly, hanged himself while incarcerated in a Federal New York prison.  What is so shocking? The only thing shocking to me about this event is…

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I Was Just Put On a Jury. Why Am I Here?

I was just put on a jury in a case that seems pretty clear cut.  So why am I here? Why is there a trial? Many jurors may find themselves thinking this in a case in which the defendant is clearly at fault and the plaintiff is clearly injured. Most…

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The Name of the Game is Blame: The Saga of Apportionment, Part Two

There have been two  recent appellate decisions in Georgia that address the morass that is apportionment:  FDIC v. Loudermilk, No. S18Q1233 (Ga. S. Ct. March 13, 2019) and Trabue v. Atlanta  Women’s Specialists, LLC, No. A18A1508 (Ga. Ct. App. March 7, 2019).   Since the Georgia Legislature passed a new scheme…

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