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,
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
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
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
The bill would have adopted the Federal Rules of Evidence, reorganized Georgia evidentiary rules where not displaced by the Federal Rules, and made other necessary corrections to the Code to incorporate the new structure of the evidence Code.
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The Act allows reports by medical or mental health practitioners to be admitted into evidence at trial as nonhearsay, provided the party intending to introduce the report gives the opposing party sixty days notice. The report will not go out with the jury as documentary evidence.
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The Act expands the scope of the parties’ right to take depositions of witnesses in criminal matters when a defendant has been charged with an offense of child molestation, aggravated child molestation, or physical or sexual abuse of a child. The Act permits counsel for the defendant or
The Act extends the scope of privileged communications beyond the psychiatrist-patient relationship and provides for privileged communications between enumerated licensed mental health care professionals and their patients. The privilege of confidentiality extends to discussions between treating professionals to the extent such discussions involve the confidential communications of the patient.
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The Act prohibits a pharmacist from being required to release medical information about a patient, unless there is a written waiver by the patient or the patient's legal representative, a court order, or subpoena requiring release. Pharmacists releasing information pursuant to a waiver, court order, or subpoena are
The Act changes the requirements of the Georgia Best Evidence Rule relating to the admissibility of reproductions made in the regular course of business. The Act expands the scope of the rule by deleting the requirement that the image be nonerasable and that the reproduction be a permanent preservation of
The Act provides procedures for the development and maintenance of a data bank containing deoxyribonucleic acid (DNA) analysis of blood taken from convicted sex offenders. The Act sets procedures for the withdrawal of the blood samples. The Act authorizes the Georgia Bureau of Investigation Division of Forensic Sciences (GBIDFS) to
