DON SAMUEL AND CHARLES LEA ACHIEVE OVERTURNED RAPE CONVICTION
JULY 2010 - The Peachtree City Citizen and Creative Loafing newspapers reported that the Georgia Court of Appeals overturned a rape conviction in the case of Zachary Higgins of Sharpsburg. The Court ruled that evidence in the original trial may have prejudiced the jury in the March 2009 trial which resulted in a 35-year prison sentence.
Attorneys Don Samuel and Charles Lea of Garland, Samuel & Loeb successfully represented Higgins in the appellate case but were not involved in the 2009 trial. Lea was quoted by journalist Gwynedd Stuart as saying, "There were a host of very serious errors [in the original trial] that had nothing to do with similar transaction evidence. We believe at a new trial he will be successful."
ALL MURDER AND ARSON CHARGES DROPPED IN DAHLMAN CASE
MAY 2010 - The Fayette Daily News, FOX5 TV News, and the Atlanta Journal & Constitution reported that all charges against Scott and Valerie Dahlman in the death of Mr. Dahlman's mother, Frances, were dropped in Fayette County Superior Court by Assistant District Attorney Warren Sellers. In documents submitted in Fayette County, Sellers said there was insufficient evidence and the case could not be prosecuted.
In the AJC article by Marcus Garner, John A. Garland, the attorney for the Dahlmans, stated that "the facts overwhelmingly support the determination that Frances Dahlman's death was a tragic accident, and the Dahlmans are innocent," and he was prepared to defend his clients with experts who would have supported their innocence.
In the Fayette article by Trey Alverson, Mr. Dahlman is quoted as saying, "My mother's death was a terrible tragedy. My wife and I had dedicated our lives to caring for her. We are innocent and I say that emphatically." Mr. Dahlman also expressed his gratitude to the family and friends who supported and encouraged them, and he thanked his lawyers Rich Grossman, Ed Garland and John Garland.
GARLAND OBTAINS BOND IN FEDERAL BANK FRAUD CASE
MAY 2010 - The New York Times, The Miami Herald, The Atlanta Journal-Constitution, and the Atlanta Business Chronicle are among the newspapers covering a story involving federal indictments against two bank officers and a Florida-based real estate developer in the failure of Integrity Bank, located in Alpharetta, GA. The developer, Mr. Guy Mitchell, is represented by Atlanta attorney Edward Garland. Mitchell pleaded not guilty to charges of conspiracy, bank fraud and bribery, and was released on $2.5-million bond.
Following the May 7th hearing in federal court, defense attorney Garland told reporters that Mr. Mitchell is not guilty of the charges, but that he was a victim of the national economy and of the bank's liberal lending policies. "The collapse of the economy caused the bank failure, not his activity," Mr. Garland told reporters. "Mr. Mitchell was a successful real estate developer who had many proper loans from Integrity Bank. He didn't bribe any bank officers nor did he engage in any illegal activity."
The journalists reporting on this story include Bill Rankin and Péralte C. Paul of The Atlanta Journal-Constitution, Robbie Brown of the New York Times, J. Scott Trubey of the Atlanta Business Chronicle, and Douglas Hanks of the Miami Herald.
NO CHARGES FILED AGAINST BEN ROETHLISBERGER
APRIL 2010 - After five weeks of intense investigation, Ocmulgee Circuit District Attorney Fred Bright announced he would not pursue charges against Pittsburgh Steelers quarterback Ben Roethlisberger in connection with a sexual assault allegation by a 20-year-old college student in Milledgeville, Georgia. Bright stated that because allegations could not be proven beyond a reasonable doubt there would be no arrest nor criminal prosecution against Mr. Roethlisberger.
Roethlisberger's attorney, Ed Garland, stated, "As we said from the beginning [of the allegations], we believed the facts would show that no crime had been committed."
On ESPN.com, Lester Munson wrote as follows: "Roethlisberger's attorney, Ed Garland, also was investigating the incident. Was his investigation a factor in the decision not to file charges? In all likelihood, yes. In addition to his brilliance in the courtroom, Garland has the capacity to gather evidence that even the best of police detectives have missed. He demonstrated his investigative skills in his defense of Ray Lewis against double murder charges in 2000. Garland not only gathers important evidence, he presents it in a manner no prosecutor can ignore. We might never know exactly what Garland turned up in his investigation, but we can be reasonably sure that Bright reviewed it carefully as he made his decision."
ED GARLAND QUOTED IN AJC: "A TRIAL IS A KIND OF WAR"
MARCH 2010 - In an interview with trial attorney Ed Garland, journalist Tom Sebulis asked about the superstar cases that Garland has handled in his four-and-a-half decades as a criminal defense lawyer ("A trial ultimately is a contest, a kind of war," March 28, The Atlanta Journal-Constitution). Garland currently represents Pittsburgh Steeler's quarterback Ben Roethlisberger who is being investigated for an alleged sexual assault in Milledgeville, GA. Previous high-profile clients have included Baltimore Ravens linebacker Ray Lewis, hockey star Dany Heatley, and rap celebrity T.I.
In the wide-ranging interview, they discussed why celebrities choose Garland when they get into trouble, the special pressures of defending high-profile clients, the fall-out of a "rush to judgment" by prosecutors and the public, and some insights into the Brian Nichols murder case.
Garland also spoke of the reaction he got from the decision in the weapons-possession case of T.I., the rapper whose name is Clifford Harris. Garland was praised for crafting the sentence that utilized T.I.'s unique ability to deliver a positive message to troubled youth. T.I. served a short sentence in jail but spent a much longer time in a public crusade against teen violence. (Georgia public television is currently broadcasting a program with former U.N. Ambassador Andrew Young interviewing T.I. about his community service efforts advising at-risk teens to avoid the trouble he confronted.)
When asked what it is like to prepare a major case, Garland said, "A trial ultimately is a contest, a kind of war, and whoever goes into it needs to go into it with that thought, with a huge amount of energy. You need to like the combat and you need to be prepared for the ordeal."
ED GARLAND AND DON SAMUEL INCLUDED IN 2010 "SUPER LAWYERS"
FEBRUARY 2010 - Law partners Ed Garland and Don Samuel of Garland, Samuel & Loeb, P.C., have once again been honored by their peers for inclusion in the 2010 Georgia "Super Lawyers," with Garland listed in the Georgia Top 10 and Samuel included in the Georgia Top 100.
Both Garland and Samuel are criminal defense lawyers, which seems to be a rarity in this year's rankings. Of the top 100 honorees, only seven are criminal defense lawyers, and Garland is the only one in the Top 10.
Annual selections for "Super Lawyers" are made through a rigorous, multi-phase process that includes a statewide survey of lawyers plus independent evaluations. Criteria include professional achievement, civic service, and pro bono efforts, as well as peer review by practice area.
The trial attorneys of Garland, Samuel & Loeb, P.C., in Atlanta, GA, focus on criminal defense, personal injury and business dispute litigation. Don Samuel is also the author of three books: Georgia Criminal Law Case Finder, Eleventh Circuit Criminal Handbook, and Federal Criminal Law Digest.
ED GARLAND OBTAINS BOND IN ALLEGED ARSON MURDER
DECEMBER 2009 - "The Fayette Daily News" covered the bond hearing for Scott and Valerie Dahlman, who are represented by defense attorney Ed Garland. The Peachtree City couple is charged with murder and arson in the death of Mr. Dahlman's mother, an invalid who died from burns in a fire in the family's home in 2008. The article went on to say that during the hearing attorney Garland pointed out the large crowd of more than 50 friends and relatives who attended to show the community's high regard for the couple. Mr. Garland also introduced the testimony of a nursing assistant who described in detail the affectionate care the Dahlmans had given his mother. Bond was set at $500,000 each.
DAVID TUSZYNSKI PREVAILS IN DECISION ON MEDICAL RECORDS PRIVACY
SEPTEMBER 2009 - Garland, Samuel & Loeb attorney David E. Tuszynski successfully challenged a portion of the 2005 tort reform laws with a ruling that prevents opposing attorneys from accessing a patient's medical records or contacting a patient's physicians without the patient's knowledge in medical malpractice cases. The case in question, Lockard v. Weisberg, was settled in Fulton County State Court with Tuszynski and attorney Richard Kopelman representing the plaintiff. The settlement was covered in the September 17, 2009, edition of the Daily Report. A trial attorney with nearly 30 years' experience, David Tuszynski focuses on complicated and challenging cases involving injury and death from medical malpractice, catastrophic injuries and products liability.
AMANDA PALMER SELECTED FOR BILL DANIEL SEMINAR
JULY 2009 - Amanda Palmer was selected for the 10th Annual Bill Daniel Trial Advocacy Program to be conducted by the Georgia Association of Criminal Defense Lawyers (GACDL) in October 2009. Limited to 30 participants, the four-day program is an intensive seminar on enhanced trial techniques conducted by dedicated and experienced criminal defense practitioners. Ms. Palmer, a graduate of Georgia State University College of Law, became an associate at Garland, Samuel & Loeb in 2008.
NANCY GRACE COMPLIMENTS GARLAND AND SAMUEL
ATLANTA, AUGUST 23, 2009 - In an interview in the Atlanta Journal & Constitution, HLN host and author Nancy Grace paid tribute to the legal skills of the late Reuben Garland, one of the South's most successful and flamboyant trial lawyers, and to his son, Ed, and his law partner Don Samuel. AJC reporter Jill Vejnoska talked with Grace about her new crime novel, The Eleventh Victim, and wrote:
"Grace's main character...suddenly finds herself in need of a lawyer. 'I want Rube Garland,' she demands. Grace described that line as a sort of homage to Reuben Garland, the late great Atlanta defense attorney whose son, Ed, has followed in his successful footsteps.
"Grace says, 'I've always said if I was ever charged with murder, I would probably hire Garland,' Grace said about the man who's deftly represented the likes of rapper T.I. and NFL superstar Ray Lewis. 'I don't get along with any defense attorney, but if I had to call one, it would be Garland and his partner [Don] Samuel.'"
Grace is the host of a legal analysis program on HLN, and this is her second novel.
ATTORNEY DON SAMUEL ASKS GEORGIA SUPREME COURT FOR NEW TRIAL
June 2009 - As reported by Alan Requelmy of the Columbus Ledger-Enquirer, defense attorney Don Samuel told the Georgia Supreme Court justices on Monday, June 8, that his client, Farnsworth Coleman, should get a new trial because certain important evidence was blocked in the 2004 murder trial. The Assistant District Attorney Kristy Dugan argued that the evidence was not admitted because it was hearsay. The evidence in question involves prior criminal records and actions by a victim as well as the absence of jury instructions about self defense.
The case involved the 2003 murder of two men in Columbus, Georgia. Samuel told Riquelmy that the court did not indicate when it would rule, and if the court were to rule in Mr. Coleman's favor he would receive a new trial.
SOCIAL MEDIA IN THE JURY ROOM CAN SABOTAGE TRIALS
MAY 2009 - Jurors blogging, tweeting and googling inappropriately have created an uproar in the Courts, resulting in motions for mistrials, new trials, curative instructions and other sanctions. How can lawyers ensure a client is getting a fair trial rather than be tried with extraneous material from the Internet? Trial Consultant and Attorney Jana Lauren Harris outlines measures that Courts can use to rein in this kind of behavior and keep the jurors focused on just the evidence presented during trial. Read her full article.
RAPPER T.I. SENTENCE DRAWS PRAISE
MARCH 27, 2009, ATLANTA - Rapper T.I. pled guilty to federal weapons charges which could have resulted in lengthy prison term. Instead, his defense attorneys Ed Garland and Don Samuel crafted a unique sentencing agreement that emphasized community service and reduced his time in prison down to a year and a day. As a result T.I. made hundreds of public appearances in front of at-risk youth stressing a message of nonviolence and respect for the law.
The positive impact of T.I.'s speeches drew dozens of letters of appreciation from numerous teachers and students as well as such notable people as former U.N. Ambassador Andrew Young and Chief Justice of the Georgia Supreme Court Leah Ward Sears. The success of T.I.'s community service work surpassed all expectations and even received favorable comments from the U.S. District Judge and the U.S. Attorney who tried the case. In addition to the 1,000 hours of community service, T.I., whose name is Clifford Harris, was ordered to serve a year and one day in prison and pay a $100,000 fine.
COMPUTERS AND THE RIGHT TO PRIVACY
FEBRUARY 2009 - In their article "The Fourth Amendment and Computers" in the Georgia Bar Journal, attorney-authors Ed Garland and Don Samuel probe the debate over how to apply the 200-year-old Constitutional right to be free from unreasonable searches and seizures to modern issues of how private is a computer when it contains evidence of criminal wrongdoing. The old days of law enforcement agents searching people's houses and offices, trying to see if they can find incriminating evidence in file cabinets or briefcases is a thing of the past. Now, searches focus primarily on hard drives, disks and servers. In a matter of minutes, the police can enter your office or home, retrieve the computer equipment and then review literally millions of documents, emails, Google searches, and virtually every other aspect of a person's life through the use of forensic tools. In this timely article by Ed Garland and Don Samuel, the authors review and analyze the law that governs whether the police may seize a computer; how long the police may keep the computer; and the methods by which the computer can be searched. Read the complete article, which was published in the February issue of Georgia Bar Journal.
GARLAND AND SAMUEL LISTED IN BEST LAWYERS
FEBRUARY 2009, ATLANTA-Ed Garland and Don Samuel have once again been selected for inclusion in Best Lawyers in America. This marks the 25th time Garland has been listed and the 17th for Samuel. Best Lawyers began publishing in 1983 and will celebrate their 25th Anniversary in April in Atlanta by recognizing the 1,397 pre-eminent lawyers from throughout the United States, including Garland, who have been listed in Best Lawyers each year since its inception. Inclusion in Best Lawyers is considered a singular honor because the compilation is based on an exhaustive peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties.
