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Full-Text Articles in Law
Evidence, John E. Hall Jr., W. Scott Henwood, Jacque Smith Clarke
Evidence, John E. Hall Jr., W. Scott Henwood, Jacque Smith Clarke
Mercer Law Review
This year represents only the second full survey period in which the "new" Georgia Evidence Code, Official Code of Georgia Annotated (O.C.G.A.) title 24, takes effect. These new rules took effect on January 1, 2013. The rules conform in large part to the Federal Rules of Evidence and continue to change the face of evidence law in Georgia. This Survey highlights cases decided by the Georgia Court of Appeals and the Georgia Supreme Court between June 1, 2014 and May 31, 2015 that have made an impact on evidence law in Georgia. This year's Article provides insight into the courts' …
Evidence, W. Randall Bassett, Val Leppert, Stephen A. Mccullers
Evidence, W. Randall Bassett, Val Leppert, Stephen A. Mccullers
Mercer Law Review
The United States Court of Appeals for the Eleventh Circuit's 2014 term featured several interesting opinions addressing the admissibility of evidence. For example, the court tackled two issues of first impression analyzing constitutional rights against the admission of evidence. In one case, the Eleventh Circuit decided whether the Confrontation Clause applies to evidence used by a district court in determining jurisdiction over the offense in a pretrial hearing. In another case, the court developed a rule to determine when an adverse inference jury instruction is warranted after a nonparty invokes its Fifth Amendment right to remain silent in a civil …
Fisher V. Gala: O.C.Ga. § 9-11-9.1(E) Keeping Malpractice Claims Afloat, Kathryn S. Dunnam
Fisher V. Gala: O.C.Ga. § 9-11-9.1(E) Keeping Malpractice Claims Afloat, Kathryn S. Dunnam
Mercer Law Review
For over four decades, the Georgia General Assembly has sought to strike a balance between the need for competent medical care and the role of the judiciary in determining relief for those injured by improper medical treatment. In its effort, Georgia adopted measures to limit the number of frivolous lawsuits to protect its professionals while giving plaintiffs an efficient avenue for relief. One of these adopted measures is the Official Code of Georgia Annotated's (O.C.G.A.) expert affidavit requirement, section 9-11-9.1 (§ 9.1). The use of expert testimony in malpractice cases is "firmly entrenched" in Georgia's policy and crucial to professional …