Publications

  • Favorable and Noteworthy Federal Decisions

    In this 1,500 page treatise, Don has accumulated over 6,000 cases from all twelve federal courts of appeals and the United States Supreme Court that are favorable to the defense. Virtually every topic of criminal law is covered, including scores of substantive offenses (including lengthy sections on drug cases, bank fraud, money laundering, mail fraud, health care fraud); search and seizure law (over 250 pages of favorable cases in the topic of the Fourth Amendment); confessions; evidence issues; ineffective assistance of counsel; motions; pretrial procedure; guilty pleas and every other topic of criminal law. This 1,500 page treatise is not published in print, but is available simply by clicking on this link.

  • Eleventh Circuit Criminal Handbook

    This comprehensive handbook by Don Samuel is an encyclopedic compendium of every topic in the Eleventh Circuit's criminal law jurisprudence. Covering hundreds of criminal issues, the Eleventh Circuit Criminal Handbook gives criminal attorneys, prosecutors, defense attorneys, and judges clear, practical analysis tailored to the needs of a busy criminal law practitioner. The Handbook is updated annually and includes:

    - U.S. Supreme Court decisions in the area of criminal law for the past twenty years through the 2011 term;
    - Search & Seizure law;
    - Scores of recent Eleventh Circuit decisions on Sentencing Guidelines and developing sentencing jurisprudence;
    - Evidence Issues, including a lengthy discussion of the recent Supreme Court's Confrontation Clause cases;
    - The law governing guilty pleas;
    - Recent cases on mail fraud, health care fraud, mortgage fraud, money laundering and drug offense prosecutions.

    This book is published by Lexis Law Publishing Company and is available for purchase here at the LexisNexis online store.

  • Georgia Criminal Law Case Finder

    Smart Georgia attorneys know that for fast access to criminal case law, you can't beat Georgia Criminal Law Case Finder. This indispensable resource can save you hours of tedious searches through massive case reporters and digests. Offering more than 7,000 annotations the Georgia Criminal Law Case Finder lets you find instantly the authorities you can use to support your case. Whether your interest is procedural or substantive, Georgia Criminal Law Case Finder gets you straight to the case summary you need - without having to wade through a long and confusing index. Written by Don Samuel, the former President of the Georgia Association of Criminal Defense Lawyers, Georgia Criminal Law Case Finder arranges case summaries in chronological order under topical headings for ready reference.

    And unique to such references, Georgia Criminal Law Case Finder separates many of the cases into those favorable to the defense and those favorable to the prosecution. Thus, in dozens of topics involving searches of cars, or the admissibility of similar transaction evidence, or the sufficiency of the evidence, or the legality of an arrest, the Case Finder divides cases into pro-prosecution and pro-defense cases. For example, virtually every case in Georgia in which a search was found to be illegal is readily identified. Similarly, every case in which an appellate court held that similar transaction evidence was improperly admitted, is listed. This same "taxonomy" applies to dozens of topics that are frequently litigated.

    This book is published by Lexis Law Publishing Company and is available for purchase here at the LexisNexis online store.

  • Georgia Practice Form Book

    This volume, published by Lexis Law Publishing, contains over 150 forms tailored for a criminal defense practice. Unlike the typical Form Book that provides only skeletal guidance in preparing forms or motions in a criminal case, the forms included in this volume are detailed and include practice tips that highlight the strategic considerations in filing certain motions, deadlines and service requirements. The forms themselves include all relevant case law that supports the relief requested in the motion. Don co-authored this volume with Brian Steel.

    This book is published by Lexis Law Publishing Company and is available for purchase here at the LexisNexis online store.

    Georgia Evidence Practice Guide

    As all trial lawyers know, having fundamental knowledge about the evidence rules and the cases construing those rules is paramount to putting on a case. In this handy practice guide, the Georgia Evidence Rules are listed and explained in a way that is accessible to the courtroom practitioner. Each chapter contains a checklist of important evidentiary points, and text explaining those points with detailed examples and citations to Georgia authority, together with strategic and practical tips for the litigator. This handbook contains the Georgia Evidence Code as an appendix at the end and is an indispensable volume to take to court.

    The chapters of this book are written by various well-known Georgia trial lawyers, including Don Samuel and Robin Loeb.

    This book is published by Lexis Law Publishing Company and is available for purchase here at the LexisNexis on-line store.

  • The Fourth Amendment and Computers: Is a Computer Just Another Container or Are New Rules Required to Reflect New Technologies?

    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.

  • The Money Laundering Control Act of 1986: Will Attorneys be Taken to the Cleaners?

    First article in the State of Georgia exploring the relationship between the crime of money laundering and attorney's fees.

  • Georgia Racketeer Influenced & Corrupt Organizations Act

    Overview of the Georgia RICO statute with a comparison to its Federal counterpart.

  • Social Media in the Jury Room Can Sabotage Trials (PDF file)

    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.