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…
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…
It is with a broken heart that I write about the untimely death of Justice Harris Hines, former Chief Justice of the Supreme Court of Georgia. Below is a wonderful obituary by Katheryn Tucker of The Daily Report. Justice Harris Hines was a walking example of how we, as lawyers,…
Some recent headlines about trial judges behaving badly and a recent bad experience I personally experienced at trial last week have me thinking about this: what should you expect from a trial judge? Competency? Fairness? Mercy? Understanding? Knowledge of the rules of evidence? Impartiality? Experience? Ability to stay awake during…
As I work at my desk in my office today, I have the voir dire (jury selection) in the retrial of Ray Tensing livestreaming on one of my monitors. Some folks have called jury selection the most boring part of any trial, but it may very well be the most important,…
The Georgia Supreme Court today issued an opinion that makes it clear the age-old rule of “one free bite” for a dog before an owner can be held responsible is no longer Georgia law. The Court’s opinion in Steagald v. Eason, S16G0293 (Ga. Sup. Ct. March 6, 2017) overturned prior case…
As I work in my office, I often have livestreaming a trial or appellate arguments occurring in the Georgia Court of Appeals or the Georgia Supreme Court. I have previously blogged about the meaning of open courts and the value in being able to watch our judicial branch at…
As many of you know, I often watch oral arguments in the Georgia Supreme Court via its livestreaming capability on its website. I encourage you to watch, as well. If you are reading my blog it means you must be interested in Georgia law, and what better way to gain…
Many of you know that as President of the State Bar of Georgia I began a statewide effort to reduce suicides among attorneys, which was occurring at an alarming rate. I created the State Bar’s “How To Save a Life” program and we set about educating our members about the…
Can a County Police Officer be held liable for failing to prevent the suicide of an inmate under his custody? That is the interesting question in the case below, which was argued before the Georgia Supreme Court this week. Below is the Court’s summary of the case. It gives you…