Friday, February 15, 2013

Importance of the Final Order being WRITTEN and entered.

Every law school student learns to memorize the phrase regarding final orders that the order is a final order when all that is left to be done is entering it with the clerk of court.  Well, I don't know about you, but even though I still know that rule, it didn't make any sense to me in law school.

WELL . . . here is the simple answer good fellows and lady-fellows.

An order is not an order, and is not enforceable until a written order is signed by a judge, and filed/scanned/datestamped (or whatever exact procedure the clerk in that county uses) to make it a part of the official record of the county clerk of court.

Need to see the letter of the law?
Perhaps stick a finger in the side Sir Thomas?
Here is the link:  OCGA 9-11-58.  Read it for urself.

And then read this . . .
Lotman v. Adamson Contracting, Inc., 219 Ga. App. 898 (1996).
After a Defendant was granted a summary judgment because the Plainitff did not show up, the Plainitff voluntarily dismissed the case before the Defendant had a signed order entered.  the court did not have jurisdiction to even enter a nunc pro tunc order back to the time when the verbal order was pronounced.

HOWEVER . . . If you were closely following this blog (ha ha haaa! I laugh to myself out loudly) and saw where I said that if you beat the Defendant to the clerk, you would win . . . this is not true.

Think ya got reason enough as a Defendant to file a counterclaim in your Answer next time?

PS..... Skip is still looking for a corporate sponsor to ensure regular posts go up.  Help feed the hungry, and give drink to the thirsty today.   Donate often and liberally.

Tuesday, September 18, 2012

Regarding the Clothing of Whippings with Judicial Blessings.

Ahhh . . . the good old days.

Men were men, women were women, and beating children in public was as Apple Pie as driving home with a beer in your hand.  Texting while driving wasn't even a glimmer in the eye of Steve Jobs, who was still masturbating to the posters of Princess Leia hanging up on his bedroom wall.

Nowadays, all those "liberal elites", who in between controlling the news media, pushing for funding for abortions, and giving all your hard earned money to the lazy and indolent are trying to make us soft on crime by not allowing parent to impose their God given right to beat their children in public.

Image that!
And not only do those "liberal", leftist, Socialist America haters not allow parents to raise their children the way they want to, they don't even let the village that they think is supposed to raise them help out!

Just check this case out !!

The Supreme Court of Georgia had the audacity to reprimand a trial judge who allowed the parents of the child to use his whip and beat the child in the courtroom.

Doesn't it just make you miss the good 'ol days??

America is just going to hell today due to all these damn supposedly enlightened people running around telling you that beating children creates trauma and mental issues later in their life.  Next they will be saying that you can't have sex with with your stepchildren.  Geeesh.  Why do you think he married that broad in the first place if not to get next to her hot 16 year old daughter.  This is the South you know.  It's a TRADITION!  And people shouldn't mess with established TRADITION!!


Sunday, September 16, 2012

More about appeals (sort of)

well, this video was laying around, and I want to see if it works, and figure out why my SHIFT key is messed up, so I am trying the embed code . . .

Like it? Create your own at It's free and fun!

Wednesday, August 22, 2012

So you lost at trial . . . what about that right to appeal?

            I know you are all thinking it . . . I am so much smarter than Antonin Scalia, and I know so much more about the U.S. Constitution than the rest of those black robes, so how the hell can I not know more than that local state court judge who is anywhere from 2 to four 4 levels down the chain from those guys?
            Why did I lose??  I knows the law! I knows my Constitutionamal Rights, and I know that those laws and my rights are being violated!

"Appellate Options I" by anonymous on GoAnimate

Animation Software - Powered by GoAnimate.

            Yes, you have read every John Grisham novel, and you listen to all the inspired ramblings gushing out on the deranged Glenn Beck A.M. radio psychosis machine, and you likely know how to make the (discredited) argument that the I.R.S. is illegal, believe “birthers” have proven that Obama has destroyed the Constitution, and probably even think that banning crucifixes in the courtroom is a war on Christmas. 
Well, try to let go of those passionate beliefs along with the belief that your “Constitutional right to an appeal” is the best way to get what you want done in the legal system.  The best way to get what you want done in the legal system is to win at the trial court.

Wednesday, August 15, 2012

How do I get those FaceBook pics of my wife blowing a guy into evidence?

  So, there you are, just posting on FaceBook your favorite cat pictures, and telling people about the cool piece of lint that just fell out of your belly button, and you happen upon a picture of your wife deepthroating your best friend . . .
  Well . . . FaceBook doesn't really allow porn, but they are both tagged together, drunk and laughing in one picture, and in the next picture, you can only see him smiling, and her head is in his lap.  Good enough for a little court room tawdriness, eh?
  Best for you to tell your Georgia Divorce Attorney, or Georgia Criminal Defenses Attorney . . .
. . . that you have just read Smoot v. State2012 WL 1994711 (June 2012), and you can help him or her from failing to authenticate that lovely moment in their cheating lives.

(NO HYPERLINK YET, your website could link HERE)  :-)

  Printouts from Smoot's website, ""  (sorry, no longer on the web) were properly authenticated and ADMISSIBLE, but the printouts from (sorry again, it no longer these services) the Craigslist advertisements were INADMISSIBLE.  
(FYI.    all the Craigslist hookers . . . I mean escorts . . . are now advertising HERE though . . . although, you better make sure you read up on Smoot!

So . . . Why were the "ifshewontiwill" printouts ADMISSIBLE?
“As a general rule, a writing will not be admitted into evidence unless the offering party tenders proof of the authenticity or genuineness of the writing. There is no presumption of authenticity, and the burden of proof rests upon the proffering party to establish a prima facie case of genuineness.” 
 " . . . one of the investigating officers testified that he made the printouts of the website, which were “a fair and accurate representation of the actual things” that he personally viewed on the website as part of his investigation." 
"Moreover, the State presented circumstantial evidence that Smoot was the source of the website by introducing business cards found in her residence that were entitled “Adult Social Network,” listed the web address for the Ifshewontiwill website, and contained the statement “Created by Gold,” which Smoot admitted to police was her nickname."

and . . .
"Smoot also admitted to the officers that she was “familiar” with the website."

The court then stated: 

"Under these circumstances, the State sufficiently authenticated the printouts from the Ifshewontiwill website to create a prima facie case of genuineness."
AND . . . Why were the Craigslist printouts INADMISSIBLE?

"These printouts were introduced through the police lieutenant, but there was no testimony from her that the printouts fairly and accurately represented the contents of the website she personally viewed as part of her investigation."
and the court then stated:
"Accordingly, the State failed to elicit testimony sufficiently authenticating the printouts from, and the trial court abused its discretion in admitting those printouts into evidence."
Draw your own conclusions, and make sure your business cards fit the Smoot Rule, and have the following ambiguous content:
 “Adult Social Network.” 
 “True Freaks ONLY!!!!,” 
“Ready to Have Some Fun,”
 “HBIC/CEO” of “All You Need Entertainment.”
“10–20 Entertainers always available” 
and “Appointments taken 24/7.”

AND OH!!! Don't forget to take the weed out of your closed wooden box in your master bathroom where you will be caught when the police raid your personal residence.
(Smoot did get convicted for possession of marijuana)

Wednesday, August 1, 2012

Georgia Personal Injury Lawsuit Service of Process on an Out of State Motorist

How I Learned to Stop Fearing Legal Gibberish and Love Statutory Interpretation."

     This is an extremely dry three part analysis of how to serve an out of state driver in a civil lawsuit.  If you are looking for fun, humor, and rolicking good fun, you need to click on the above link for the trailer, or CLICK THIS LINK this link to watch one of Peter Sellers greatest creations.

I disavow all responsibility for any actions you take after having read this.

You need to report to a Georgia Personal Injury Attorney and get your legal advice there.
                         (YOUR LAWFIRM'S NAME HERE!!)

PART ONE – The exact words that have been enacted into law:

O.C.G.A.§ 40-12-2. Service of process on Secretary of State

Service of process upon a nonresident pursuant to Code Section 40-12-1 shall be made by serving a copy of the complaint or other pleading with summons attached thereto on the Secretary of State, his duly authorized agent, or his successor in office, along with a copy of the affidavit to be submitted to the court pursuant to this Code section. Such service shall be sufficient service upon any such nonresident, provided that notice of such service and a copy of the complaint and process are forthwith sent by registered or certified mail or statutory overnight delivery by the plaintiff to the defendant, if his address is known, and the defendant's return receipt and the plaintiff's affidavit of compliance with this Code section are appended to the summons or other process and filed with the summons, complaint, and other papers in the case in the court wherein the action is pending. The Secretary of State shall charge and collect a fee as set out in Code Section 45-13-26 for service of process on him under this Code section.

PART TWO – Breakdown the run-on sentence and parse the subjects, objects, and connectors

ON non-resident motorist
            OF Summons and Complaint (or other pleading with summons attached thereto)
            ON Secretary of State; his duly authorized agent, or his successor in office
                        ALONG WITH
                                    Affidavit of compliance with this Code section
                        (IF the Defendant’s address is known)
                        NOTICE of service by O.C.G.A. § 40-12-2 and A COPY of the Complaint and Process
                        ARE SENT BY
1)     Registered mail,
2)     Certified mail, or;
3)     Statutory overnight delivery
BY the Plaintiff
TO the Defendant
            The Defendant’s return receipt, and;
            The Plaintiff’s Affidavit of compliance with this code section
Are appended to
1)     the summons; or
2)     other process
3)     FILED WITH the
a.      Summons,
b.      Complaint, and;
c.      Other Papers
In the case where the action is pending

àThe Secretary of State can charge the Plaintiff for service in this manner.

PART 3 – Translate (if possible) into “Common Speak”

     If you are filing a lawsuit in Georgia against an out of state driver, you can serve that driver by mailing the lawsuit to the Georgia Secretary of State as long as you pay for tracking and delivery confirmation.  You must include an affidavit that states you understand and have complied with the law in serving in this manner.  You must file a copy of everything you sent to the Secretary’s office with the court where you filed the lawsuit.

Now WHY didn't they just say that?

AND, because Part 3 leaves out so many details, that although you may think you know what it means, it really is not as helpful as you think, and leaves out many important details!

Eli Manning looks really STUPID wearing little Tinker Bell wings in that Direct TV commercial.

Wednesday, July 25, 2012

Right to a Jury Trial in Georgia

 . . . Well, this post is not going to be fun to read, but it will be useful for ME when I need to find this information again.  Nearly all of it is cut and paste directly from the text of the source information, but if you use it, your on your own if you have not hired a good Georgia criminal defense attorney. (Link doesn't work??? ooooooh . . . maybe no-one has paid me to turn it on yet.)

NOTE . . . a good Georgia criminal defense attorney is different than a criminal attorney.

“The right of trial by jury as declared by the Constitution of the state or as given by a statute of the state shall be preserved to the parties inviolate.”

US Constitution
Criminal Jury Trials
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Civil Jury Trials
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

GA Constitution
(a) The right to trial by jury shall remain inviolate, except that the court shall render judgment without the verdict of a jury in all civil cases where no issuable defense is filed and where a jury is not demanded in writing by either party. In criminal cases, the defendant shall have a public and speedy trial by an impartial jury; and the jury shall be the judges of the law and the facts.

(b) A trial jury shall consist of 12 persons; but the General Assembly may prescribe any number, not less than six, to constitute a trial jury in courts of limited jurisdiction and in superior courts in misdemeanor cases.

(c) The General Assembly shall provide by law for the selection and compensation of persons to serve as grand jurors and trial jurors.

Some exceptions include:
However, the right is not conferred in all cases:
-                  Suits in equity  
-                  Injunctions
-                  Garnishments
-                  Enforcement of equitable liens
-                  Appeals from decisions of the unemployment compensation Board

The demand for jury trial can be made at any time up until the case is called for trial, or upon the call for trial. 
o   Carleton v. State, 176 Ga. App. 399 (1985).  (However, note that if a person has the opportunity to invoke the right to jury trial, and does not do so immediately, s/he is deemed to have waived the right, and the right to revoke that waiver is not absolute.  It proof is shown that allowing revocation of the waiver would “substantially delay or impede the cause of justice”, the court may deny the request.)

(link to your website could be right HERE!)