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

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            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.

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. State, 2012 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, "ifshewontiwill.com"  (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?
(1)
“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.” 
(2)
 " . . . 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." 

(3)

"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 . . .

(4)

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

(so)

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?

(1)

"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."

(so)

and the court then stated:

"Accordingly, the State failed to elicit testimony sufficiently authenticating the printouts from Craigslist.org, 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)

 

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

OR

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

WARNING!!

     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

à SERVICE

ON non-resident motorist

MADE BY

SERVICE

            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

            AND

                        (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

AND

            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

AND

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?

BECAUSE Troy, and OTHERS, words MEAN THINGS!

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!

P.S.

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