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The Georgia Supreme Court ruled on 11/7/2016 that outgoing text messages found in a cell phone are admissible in evidence as admissions of the person who sent them. However, incoming text messages are inadmissible hearsay, though their admission in evidence was “harmless” under the circumstances of the case. Glispie v. State, decided November 7, 2016.
This … Continue Reading
Much of our Atlanta-based litigation law practice is based upon referrals from other attorneys around Georgia and North America for catastrophic injury and wrongful death cases in Georgia. Most of these are not simple, slam-dunk cases. Often we have to contend with a rat’s nest of convoluted, multi-layered liability defenses. Among those is often the … Continue Reading
Property insurance policies typically include provisions that the policyholder must cooperate in investigation and adjustment. This includes an examination under oath (EUO) — answering a lot of questions from the insurance company’s lawyer. Failure of the policyholder to submit to the examination may preclude even an innocent insured from any recovery under the insurance contract.
Policyholders … Continue Reading
Merle Haggard sang, “The roots of my raising run deep.” So do Ken Shigley‘s.
Ken Shigley’s childhood hone
His rural childhood home was a modest cement block two bedroom, but full of love. His dad and uncle, WWII combat veterans, built it on weekends one pickup truck load of materials per payday. The house included an indoor … Continue Reading
No matter how many years a lawyer has practiced, there is no end to the need for exposure to bright new ideas from the best lawyers around the United States.
Over the past year, I had the opportunity to serve as chair of the Motor Vehicle Collision, Highway and Premises Liability Section of the American Association … Continue Reading
Having served as the neutral mediator in hundreds of cases as well as the advocate for clients in hundreds of other mediations, I have come to see both the strengths and weaknesses of this method of settling personal injury and wrongful death cases.
Judges love to refer cases for mediation because every case that settles is … Continue Reading
Most of us today carry cell phones in our pockets with more processing power than the computers aboard the Apollo moon missions. Frequent news reports illustrate the dangers of thoughtless use of smartphones and social media. It has ensnared politicians and celebrities, sometimes crashing promising careers. This technology has created similar hazards for both plaintiffs and … Continue Reading
Proposed new Georgia Judicial Building, future home of Supreme Court and Court of Appeals
It appears that by time he leaves office at the beginning of 2019, Governor Nathan Deal will have:
Vastly reformed our criminal justice system;
Expanded the Supreme Court and Court of Appeals;
Appointed a majority of the Supreme Court and Court of Appeals;
Appointed a substantial … Continue Reading
Parents of juvenile home invaders may be ordered to pay $60,000 of medical costs from home invasion shooting
Atlantans were shocked a couple of weeks ago by the story of a home invasion robbery attempt in which teenage males approached a young father on his front porch, forced their way into the house and shot the father twice. His wife fled out the back door with their six-month-old infant while the invaders fired shots … Continue Reading
The “laying on of hands” can resonate powerfully. In my background, it has spiritual and theological implications as a ritual of blessing or of healing. Can this and other senses beyond sight and hearing also be part of legitimate trial advocacy in conveying truth to jurors?
The Georgia Court of Appeals recently said yes in the context … Continue Reading