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Evidence, Marc T. Treadwell
Evidence, Marc T. Treadwell
Mercer Law Review
The most significant news during the current survey year continued to be the major legislative developments discussed in last year's survey. Most significantly, the Georgia General Assembly, during its 2005 session, enacted Official Code of Georgia Annotated ("O.C.G.A.") section 24-9-67.1, which purports to adopt, more or less, the United States Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. and its progeny, and creates special rules for expert testimony in medical negligence actions. In other words, Daubert has now come to Georgia and, as discussed below, there were both legislative and judicial developments regarding Georgia's new expert witness …
Evidence, Marc T. Treadwell
Evidence, Marc T. Treadwell
Mercer Law Review
This survey year saw the continuation of what has become a clear trend in Eleventh Circuit evidence decisions. In stark contrast to the days when the Eleventh Circuit rigorously examined district court evidentiary decisions and freely reversed those decisions, the Eleventh Circuit now studiously defers to district judges. The reason for this trend can be debated. Perhaps because most evidentiary issues addressed by the Eleventh Circuit arise in the context of criminal cases, and because Eleventh Circuit judges are more conservative today, the Eleventh Circuit is less likely to reverse criminal convictions, particularly on evidentiary grounds. Or perhaps that the …