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Outgoing text messages admissible in evidence

 
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

Independent law schools teetering on the brink

Few people recall that my undergraduate alma mater, Furman University in South Carolina, once had a law school. In the depths of the Great Depression, Furman closed its law school in 1932.  A North Carolina school that was well-funded by a tobacco magnate, bought the library of Furman’s law school. It was rolled into Duke … Continue Reading

4-year-old killed when driver reaches for dropped cell phone in Paulding County

No words can ever be adequate when a young child is killed. For the child’s parents, grandparents and other family members, it is like having a hole punched in the heart. That wound never really heals. For parents, in the words of Willie Nelson, it’s something you don’t get over but you get through.  The … Continue Reading

Fatality and burn injury in truck crash on I-95 at Richmond Hill, Georgia

A fiery crash on I-95 at Richmond Hill near Savannah in Chatham County on July 26th caused the wrongful death of a woman and sent her husband to a specialized burn unit in Augusta. It appears all too typical of other truck accident cases we have handled throughout Georgia, including those in the Savannah area … Continue Reading

Meet Ken Shigley, candidate for Georgia Court of Appeals

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

Statute of limitation tolled for crime in tort suit against other parties even if criminal never prosecuted

Stopping the clock in Georgia.  In 1964, Rep. Denmark Groover (D-Macon) hung over the gallery rail to stop the clock from reaching midnight on the last day of the legislative session. (AJC file photo by Joe McTyre)
When an injury or death claim arises from a crime, in Georgia the clock stops on the statute of … Continue Reading

Books for trial lawyers: Chancellorsville 1863

Some of the best books for trial lawyers are not about lawyering at all. Over the next few months I will explore some of them in this blog.
Jim Butler is arguably the most successful plaintiffs’ trial lawyer in my generation. He has won numerous eight and nine figure jury verdicts even in the most conservative … Continue Reading

Puzzling stall of federal judgeship nomination in Georgia

U.S. Courthouse, Atlanta
Dax Lopez is a judge of the State Court of DeKalb County, nominated by lame-duck President Obama to fill a vacant seat  on the U.S. District court in Atlanta, as an apparent bipartisan compromise to fill the seat with Republican approval.  Surprisingly for an Obama nominee, Judge Lopez is a conservative Republican, a longtime … Continue Reading

How you can be hurt if your medical ID is stolen

Every few weeks or months, we see news stories about breach of data security in medical centers or health insurance companies. Most people hearing that probably just shrug, figuring it’s not as bad as breach of credit card or other financial data. Earlier this year, for example, Blue Cross Blue Shield of Georgia revealed that as … Continue Reading

What are the time limits on injury and death claims in Georgia?

If you snooze you lose. It is a harsh reality that people who are unaware of the time limits to file suit for a loss may lose all their rights to compensation forever.
Recently, I met with a highly intelligent, well-educated person who completely misunderstood the limitation period. This person thought that the two year statute … Continue Reading