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Appellate Practice And Procedure, Tommy Day Wilcox

Mercer Law Review

There were a number of significant cases decided by the appellate courts of Georgia during the past survey year in the area of appellate practice and procedure. The Georgia Supreme Court and the Georgia Court of Appeals handed down more than sixty opinions that turned in part on a consideration of the Appellate Practice Act of 1965, the rules of the appellate benches, and the case law which has evolved under these standards. The most noteworthy of these cases will be highlighted here under four general headings: Enumeration of Errors; Payment of Costs and Transcripts; Final Judgments; and Miscellany.

Unlike …

Trial Practice And Procedure, J. Ralph Beaird, C. Ronald Ellington

Mercer Law Review

Each year the Georgia appellate courts decide several hundred cases that raise issues of trial practice and procedure. The period surveyed in this article covers the tenth year of cases interpreting the Long-Arm Statute and the ninth year of cases decided under the Civil Practice Act. The gradual judicial development of these important laws has been fascinating to watch and comment on. A steady improvement in both the quality and predictability of these decisions can be observed and should be applauded.

The cases selected for comment herein are those deemed the most significant because they either indicate a new direction …

A Party Need Not Show Prejudice Or Surprise To Impeach Its Own Witness, Robert R. Gunn Ii

Mercer Law Review

In Wilson v. State, the Supreme Court of Georgia unanimously held that a party may impeach the credibility of its own witness with that witness' prior inconsistent statement without showing that the testimony is a total surprise or affirmatively damaging to the party's case.

Bill Ray Wilson was convicted of murder and armed robbery on the basis of testimony from three prosecution witnesses. His case consisted solely of his sworn denial. The testimony of one prosecution witness was inconsistent with a previous written, sworn statement in which the witness had said Wilson had confessed to the murder in his …

Practice And Procedure, R. Neal Batson, Ben F. Johnson Iii

Mercer Law Review

No abstract provided.