DON SAMUEL AND KRISTEN WRIGHT NOVAY'S ACQUITTAL OF DOCTOR IN ARIZONA BODES WELL FOR GEORGIA CASE
April 2011 - Michael Kiefer of the Tuscon Sun reported that attorneys Don Samuel and Kristen Wright Novay obtained an acquittal for a medical director of a right-to-die group who was charged with assisting suicide in Arizona. The client, Dr. Lawrence Egbert, is an 82-year-old Baltimore anesthesiologist, medical director and co-founder of the right-to-die group Final Exit Network.
It's not illegal to commit suicide in Arizona, but it is illegal to help someone else commit suicide. The question before the jury was whether Egbert had conspired to commit manslaughter in the death of a Phoenix woman who took her own life. At trial, Don Samuel argued: "(Final Exit) is registered with the U.S. government," he said. "Do you think the Gambino family has a trademark? What kind of conspiracy has a website?" Novay also argued, "These aren't roving gang members; they're 80-year-old citizen volunteers. They talk to the person. They counsel them. They are there. It's about dignity and peace."
Ultimately, the jury found the client not guilty of conspiracy to commit manslaughter by aiding suicide after a three week trial. Commenting after trial, Kristen Wright Novay said: "The issue is that the laws aren't clearly defined. The goal is to follow the law and the law says not to aid, so they didn't."
Samuel and Novay will also defend Egbert against similar criminal charges in Georgia. Jeffry Scott of The Atlanta Journal-Constitution reported on the effect of the Arizona victory in the Georgia case. Samuel commented: "I think it has a huge impact on the Georgia case."
"The jury found that Dr. Egbert, by what he did, was not to assist in suicide by any reasonable definition of the word 'assist,'" said Samuel. The attorney said Egbert's involvement in the Phoenix case is the same as it was in the Georgia case. "Dr. Egbert never went to Arizona and he never went to Forsyth County," said Samuel. The Georgia trial is expected to start next year.
DON SAMUEL ASKS SUPREME COURT TO OVERTURN PHYSICIAN'S FELONY MURDER CONVICTION
March 2011 - Walter C. Jones of the Florida Times-Union reported on oral arguments in the Georgia Supreme Court in the case of former St. Marys physician Noel Chua, who was convicted in 2007 for the 2005 death of then patient Jamie Carter, a 19-year-old college student who was living in the doctor's spare bedroom. Medical experts testified that Carter, who helped out at the doctor's office, died of a drug overdose. Chua's attorney, Don Samuel, told the seven justices that the doctor made proper prescriptions for Carter's chronic pain, headaches and insomnia. "The state asks this court, for the first time, to affirm a conviction of murder for a doctor who prescribed pain medication to a man who, without the doctor's knowledge or assistance or acquiescence, overdosed on drugs." A decision isn't likely for several months.
ED GARLAND AND DON SAMUEL INCLUDED IN 2011 "SUPER LAWYERS"
February 2011 - 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 2011 Georgia "Super Lawyers," Garland is the only criminal defense lawyer 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.
EX-VA DOCTOR ACQUITTED OF SEXUAL ASSAULT CHARGES
February 2011 - The Atlanta Journal & Constitution reported that a federal jury acquitted, Devashish Ray, a former Veteran Affairs doctor of sexually assaulting a female patient and then lying about it to federal investigators. Federal authorities alleged that during an examination of a female patient, Ray groped her and then tried to convince her to take off her pants. During lengthy testimony on the witness stand, Ray denied all charges. Ray's lawyer, Ed Garland was quoted by Bill Rankin of the Atlanta Journal & Constitution as saying: "This caused tremendous agony to an innocent man...It was devastating to him that anyone would even accuse him of something like that. It's so wonderful to have this lifted off of him."
ATTORNEYS FOR RIGHT-TO-DIE GROUP ARGUE GEORGIA'S ASSISTED SUICIDE LAW IS UNCONSTITUTIONAL
December 2010 - The Atlanta Journal & Constitution & the Associated Press reported that in a three-hour hearing in Forsyth County Superior court, attorneys for the right-to-die group Final Exit Network pressed Superior Court Judge David L. Dickinson to dismiss the criminal charges faced by their clients. Don Samuel, attorney for Dr. Lawrence Egbert, was quoted by Greg Bluestein of the Associated Press as saying: "We are being prosecuted for publicly advertising something that's perfectly legal ...This couldn't possibly be a crime." In the hearing the lawyers argued that the law, (O.C.G.A. 16-5-5) which makes it a felony for anyone to publicly advertise to assist with a suicide, is unconstitutional because it improperly restricts free speech.
GARLAND & SAMUEL HIRED IN ALLEGED FRAUD CASE
August 2010 - The Atlanta Journal-Constitution reported that the "well-known Atlanta criminal defense attorneys Ed Garland and Don Samuel" have been hired by Michael Rand, the former chief accounting officer of Beazer Homes USA, to defend him from federal charges alleging the commission of securities fraud and conspiracy during his tenure at Beazer Homes.
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."
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.
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 CLARK-PALMER SELECTED FOR BILL DANIEL SEMINAR
July 2009 - Amanda Clark-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. Mrs. Clark-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
August 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 2009 - 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 - 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.
GARLAND, SAMUEL & LOEB ATTORNEY MANNY ARORA HELPS NFL STAR PACMAN JONES AVOID JAIL TIME IN FELONY OBSTRUCTION OF AN OFFICER CASE
February 2008 - Garland, Samuel & Loeb attorney Manny Arora helped Tennessee Titans cornerback Adam "Pacman" Jones reach a plea agreement in the felony obstruction of an officer case he was facing in Fayette County, Georgia. The Nashville City Paper reported on the story.
Jones reached an agreement that is the equivalent of a no contest plea for obstruction of a police officer and was given three years probation, according to Arora.
Jones had originally been charged after allegedly scuffling with police officers after he was sitting in a parked car with his pregnant girlfriend and a male friend.
He was accused by police of biting an officer on the hand in a scuffle.
"We maintain that Adam is innocent in these matters, but felt that it was best to go ahead and accept this agreement rather than fight it in court and risk possible incarceration," Arora said. "You have a situation where the accounts of the five police officers and those of Adam and his pregnant girlfriend do not corroborate."
ED AND JOHN GARLAND HELP FORMER MORRIS BROWN FINANCIAL AID DIRECTOR AVOID YEARS OF PRISON TIME
June 2005 - Ed and John Garland represented the former Financial Aid Director of Morris Brown University, Parvesh Singh, in Federal Court in the Northern District of Georgia against the accusation that Mr. Singh committed financial aid fraud that led to the collapse of Morris Brown University in a 34-count indictment. The government charged that Singh swindled federal loan programs for more than $5 million, signed up hundreds of students for loans they didn't want, and then used the money to pay the school's bills.
Amy Argentsinger of the Washington Post quoted John Garland who pointed out that Singh came to Morris Brown after a sterling career of more than 25 years in financial aid, and did his best to help a school that was already $8 million in debt. He further noted that prosecutors did not allege that Singh pocketed any money.
"He came in, and he imposed a best-practices system on a university that was in complete disarray," Garland said. "He had no knowledge of any funds going to ineligible students."
WSBTV reporter Carol Sbarge also quoted Ed Garland who said that Singh was a "selfless educator who has spent his entire life working to make student aid work for the benefit of poor students." "He conducted himself in strict accordance with the rules established for the administration of student aid."
Though he was facing years in prison, Ed and John negotiated a plea that resulted in 18 months home confinement.
ED GARLAND AND DON SAMUEL HELP ATLANTA THRASHER STAR DANY HEATLEY AVOID TWENTY YEARS IN PRISON FOR THREE YEARS OF PROBATION
February 2005 - Garland Samuel & Loeb attorneys Ed Garland and Don Samuel helped Atlanta Thrasher Dany Heatley, a Canadian citizen and MVP of the 2003 NHL All-Star game, avoid serious criminal charges that could have resulted in a twenty year prison sentence.
Heatley was charged with with first and second-degree vehicular homicide, reckless driving, driving too fast for conditions, failure to maintain his lane and speeding after causing a one-car crash in Buckhead that killed his passenger and teammate, Dan Snyder.
Scott Burnside of ESPN quoted Ed Garland, "We don't want any sentence that would put him in jail, destroy his career or have him deported from the United States." Garland achieved this objective, reaching a resolution where Heatley would plead guilty to a misdemeanor traffic violation and receive only three years of probation.
Harry R. Weber of the Associated Press reported that if the case went to trial and Heatley was convicted on all counts, the hockey star would have faced up to 20 years in prison and fines totaling $5,000.
Prosecutor Shondeana Crews said police experts found Heatley was driving at least 82 mph. Defense attorney Ed Garland said one expert thought Heatley was driving only 55 mph. The speed limit was 35 mph.
Fulton County Superior Court Judge Rowland Barnes said he noted the discrepancies among speed estimates when agreeing to the plea.
ED GARLAND NEGOTIATES LESSER SENTENCE IN FEDERAL DRUG CASE AGAINST NFL PLAYER JAMAL LEWIS
October 2004 - Faced with charges of conspiracy to possess with the intent to distribute cocaine, using a cellphone to arrange a drug transaction, and attempted cocaine possession, Baltimore Ravens running back Jamal Lewis officially entered a guilty plea in federal court only to the cellphone charge in a plea deal crafted by Ed Garland. Lewis had been accused of helping broker a cocaine deal during conversations with a government informant in Atlanta during the summer of 2000. Baltimore news station WBAL-TV reported on the story.
The plea agreement, entered in Atlanta, called for Lewis to serve a sentence of four months in a minimum-security prison and two months in a halfway house. No quantity of drug would be specified, thus allowing for the low sentence.
Commenting on the case, Ed Garland said: "Jamal made an introduction to someone he had known in high school, that's what he pled guilty to doing. He had no expectation of receiving anything from the transaction. He made the mistake of giving in to the transaction."
Garland explained that Lewis wanted to enter the plea, after which they reviewed the case carefully and presented evidence to the government, which Garland believes affected this case. "A 20-year-old boy can make some stupid mistakes, and that's what happened," Garland said. "What Jamal did was say to us: 'If my conduct makes me guilty of a crime, I want to accept it, face it, receive my punishment and acknowledge it.' "
ED GARLAND AND DON SAMUEL HELP NFL STAR RAY LEWIS AVOID MURDER CHARGES
June 2000 - Ed Garland and Don Samuel crafted an agreement whereby Baltimore Ravens linebacker Ray Lewis avoided murder charges in the stabbing deaths of two men outside a Super Bowl party in Atlanta by pleading guilty to a misdemeanor. Sports Illustrated reported on the story.
"It's a good day for Ray," defense attorney Don Samuel said as he entered the courthouse.
Defense attorney Ed Garland said he and Lewis discussed the plea agreement and went over his testimony before going to court.
"He said a prayer with me about his duties and his responsibilities and what he was doing and he was happy to go forward and let the truth--all of it--come out," he said.
Garland said that Lewis' only crime was to tell his two companions after the brawl that led to the deaths, "Keep your mouth shut," and giving an incomplete statement to police.
"He fully acknowledges his responsibility for those acts," Garland said after the plea was entered.
Lewis and two friends, Joseph Sweeting and Reginald Oakley, were charged with murder, felony murder and aggravated assault in the stabbings of Richard Lollar and Jacinth Baker in the early-morning hours of Jan. 31, 2000.
