Garland Samuel & Loeb, P. C.

Another victory for GSL today as the judge in the Trump RICO case granted our motion for a special demurrer as to specific counts of the indictment. “The indictment on those counts failed to properly allege an offense and this is what we believe will be the first step in eventually exonerating Ray Smith on all charges,” [Don Samuel] said https://lnkd.in/d7vfV2ZJ

For the second time in as many weeks Don Samuel won a reversal of his clients conviction. Today the Georgia Court of Appeals reversed the aggravated assault conviction of Robert “Chip” Olsen and ruled the state cannot retry him on a separate count of violation of oath of office. https://lnkd.in/eBBiVBNw

“Rule 403 Has Some Real Substance': Judge's Admission of Rap Video Leads to Reversal” https://lnkd.in/eFXvasaQ

Don Samuel victory: Georgia Supreme Court rules admission of rap video in murder trial was erroneous and requires a new trial. For the second time in as many years, Don Samuel gets to call a client and tell them their life sentence and murder conviction have been vacated.   This morning, in Baker v. State, the Georgia Supreme Court reversed Don's client’s murder conviction where the sole issue on appeal was whether the trial court’s introduction of a 33-second long rap music video was erroneous under 403. The client was accused of murdering a security guard at a night club after an argument ensued over whether the club was closed. The client was definitely present at the club at the time of the shooting, and he did get in an argument with the security guards, but there was no direct evidence that he was the shooter.   The state introduced a 33-clip of a video called “Ghetto Angels” which showed Don’s client holding a semi-automatic pistol with an extended magazine.   In a 60-page opinion, the GA Supremes explained why this evidence should have been excluded under 403 and why it was not harmless error. Justice Warren pointed out that the state failed to present a link between the client’s performance in the rap video and his motivation to shoot at this security guard; and that in fact, the only link was to show that the client was a violent gunman – which is impermissible propensity evidence. In a footnote, the opinion points out that the state failed to present any evidence that this performance was not “wholly theatric.”   Georgia’s 403 rule mirrors the federal rule – so this opinion should be helpful even to those practitioners outside of the Peach State.