Law Commons^™

Hb 282 - Preservation Of Sexual Assault Evidence, Rebecca A. Dickinson, Alessandra T. Palazzolo

Georgia State University Law Review

This Act extends the time that law enforcement agencies are required to preserve certain evidence of sexual assault. Physical evidence of a reported sexual assault will be preserved for fifty years, and if there is an arrest, for thirty years from the date of arrest or seven years from the sentence’s completion.

Addressing Racial Bias In The Jury System: Another Failed Attempt?, Alisa Micu

Georgia State University Law Review

This Note explores the majority opinion and the dissents in Pena- Rodriguez regarding whether the Supreme Court has adequately provided guidance for lower courts to follow the ruling, which now allows exceptions for evidence of racial bias to Rule 606(b). Part I discusses the history of the no-impeachment rule, its foundation in the Sixth Amendment, and its constitutional requirements. Further, Part I discusses the different approaches that courts have taken in adopting Rule 606(b) and what problems courts have identified in its application. Part II analyzes whether the Supreme Court, as a practical matter, has provided a workable procedural scheme …

Non-Physician Vs. Physician: Cross-Disciplinary Expert Testimony In Medical Negligence Litigation, Marc D. Ginsberg

Georgia State University Law Review

The source of the applicable standard of care in a specific medical negligence claim is multifaceted. The testifying expert witness, when explaining the applicable standard of care, “would draw upon his own education and practical frame of reference as well as upon relevant medical thinking, as manifested by literature, educational resources and information available to practitioners, and experiences of similarly situated members of the profession.” Accordingly, in typical medical negligence litigation, the plaintiff’s expert witness testifying regarding the existence of and the defendant-physician’s deviation from the standard of care would be a physician. Why, then, have courts permitted non-physicians to …

Georgia's New Evidence Code - An Overview, Paul S. Milich

Georgia State University Law Review

On May 3, 2011, Governor Nathan Deal signed into law House Bill 24 (HB 24) bringing a new set of evidence rules to the State of Georgia.

The new rules went into effect on January 1, 2013. The author of this article was the Reporter for the State Bar Evidence Study Committee when new rules were first proposed back in the mid-1980s, and again throughout the recent, successful effort to reform the rules.

Part I of this article will give a brief history of the twenty-six-year effort to bring new evidence rules to Georgia. Part II will provide a structural …

Evidence Hb 24, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

Dna Fabrication, A Wake Up Call: The Need To Reevaluate The Admissibility And Reliability Of Dna Evidence, Kristen Bolden

Georgia State University Law Review

In June 2009, Israeli forensic science researchers published a ground breaking study that put credence to the possibility of creating artificial Deoxyribonucleic Acid (DNA) that can fool current forensic testing procedures. The researchers asserted that anyone with the proper equipment and basic understanding of molecular biology could create artificial DNA in virtually unending amounts. Furthermore, the research demonstrates that the current American forensic science system utilized by law enforcement is incapable of distinguishing between artificial and genuine DNA.

Hope For The Best And Prepare For The Worst: The Capital Defender's Guide To Reciprocal Discovery In The Sentencing Phase Of Georgia Death Penalty Trials, Adam Levin

Georgia State University Law Review

No abstract provided.

Georgia's Codification Of Daubert: Narrowing The Admissibility Of Novel Scientific Evidence In Georgia?, Alfred R. Politzer

Georgia State University Law Review

No abstract provided.

Cultural Defenses In Georgia: Cultural Pluralism And Justice - Can Georgia Have Both?, Hannah Yi Crockett

Georgia State University Law Review

No abstract provided.

Now You See It, Now You Don't; A Georgia Perspective On Spoliation Of Evidence, Brooks Morel

Georgia State University Law Review

No abstract provided.

The New "Necessity Exception" To The Hearsay Rule In Georgia: A New Rule Of Inclusion?, Paul Vignos

Georgia State University Law Review

No abstract provided.

The Statutory Development Of The Parent-Child Privilege: Congress Responds To Kenneth Starr's Tactics, Shonah P. Jefferson

Georgia State University Law Review

No abstract provided.

Cross-Examining Children In A Productive Manner Under Georgia's Child Hearsay Law, Margaret Ann Shannon

Georgia State University Law Review

No abstract provided.

Computer Generated Visual Evidence: Does Daubert Make A Difference?, Carole E. Powell

Georgia State University Law Review

No abstract provided.

Criminal Procedure Pre-Trial Proceedings: Provide For Discovery And Inspection Of Evidence By The Prosecution And Defendants In Criminal Cases, Jeffrey A. Hannah

Georgia State University Law Review

The Act provides for comprehensive discovery in criminal felony and misdemeanor trials. Evidence of alibis and in rebuttal of alibis must now be disclosed by defense and prosecution counsel at least ten days prior to trial. Access to documents, records, and results of examinations and scientific tests, and statements of witnesses must now be disclosed by the prosecution. Upon request of defense counsel, the prosecution must provide access to documents within the possession, custody, or control of the prosecution or state. The Act provides new guidelines for supplying copies of a defendant's Georgia Crime Information Center (GCIC) criminal history to …

Criminal Procedure Trial: Amend Provisions Relating To Closed Circuit Television Testimony Of Child Victims Of Certain Sexual Offenses, Jill M. Wood

Georgia State University Law Review

The Act provides that a child victim of rape, sodomy, child molestation, cruelty to children, or sexual assault may testify out of court, and such testimony will be broadcast in the courtroom by way of closed circuit television. During testimony, only the judge, attorneys, camera operators, and a representative of the child may be in the room with the child. The Act does not prohibit the presence of both the child and the defendant in the courtroom at the same time for the purpose of identification.

The Attorney-Client Privilege: The Common Law And Georgia's Uncommon Statutes, Paul S. Milich

Georgia State University Law Review

No abstract provided.

Domestic Relations Uncontested Divorces: Provide For Waiver Of Evidentiary Hearings, J. Watson

Georgia State University Law Review

The Act amends the current statutory provisions mandating evidentiary hearings in divorce actions. While evidentiary hearings are still authorized, now uncontested divorces can also be granted by the court based either on the verified pleadings, affidavits or &"such other basis or procedure as the court may deem proper in its discretion.&" The waiver of a required evidentiary hearing applies also to issues of alimony, child support, and child custody when those issues are uncontested. The new statutory provisions apply to all proceedings either pending on or commenced after July 1, 1987. July 1, 1987

Evidence Hearsay: Sexually Abused Children, Georgia State University Law Review

Georgia State University Law Review

The Act adds an exception to the hearsay rule to allow testimony of a third party concerning statements made by a sexually or physically abused child under age fourteen. The child must be available to testify and the court must find sufficient indications of the statement's reliability.

Torts Notice: Libel Actions: Retraction, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.