Alpharetta Attorney Blog

George Zimmerman Charged With The Criminal Offense Of Second Degree Murder May Be the Victim Of An Overzealous Prosecutor

Wed, 09 May 2012 09:20:00 -0500

Maybe it was unwise for George Zimmerman to carry a gun while doing his rounds during the neighborhood watch, but he legally owned the gun and that in itself does not make him a criminal. Unfortunately circumstances resulted in a confrontation between Mr. Zimmerman and an unknown individual who was suspected of being up to no good and in the end, Mr. Zimmerman fired a shot that was responsible for ending the life of Trayvon Martin, an unarmed teenager.

Many in the black community believe that the shooting was racially motivated and that Mr. Zimmerman is guilty of murder. But the evidence and the facts do not appear to support those beliefs. Harvard professor Alan Dershowitz, in an article in Breitbart News stated that he believes that the decision to charge Mr. Zimmerman with second degree murder may have been politically motivated. The facts and evidence in the case seem to indicate that a charge of manslaughter would have been more appropriate.

Prosecutors Omitted Exculpatory Evidence In Mr. Zimmerman's Favor

Although all the facts about the incident will eventually come out, one thing is known for sure. Mr. Zimmerman was charged with second degree murder and is presently out on bail awaiting trial. The judge, after being presented with the evidence by the special prosecutor, decided on the charge of second degree murder. However, it has been discovered that the prosecutor did not present the judge with some crucial evidence that would have been favorable to Mr. Zimmerman. In fact, some believe that the special prosecutor may have willfully omitted exculpatory evidence of a photograph of Mr. Zimmerman's cut and bleeding head. It was taken at the scene of the incident and it supports his story that he had been attacked by Trayvon Martin.

13 Students, Faculty, And FAMU University Facing Potential Negligence Lawsuits In Wrongful Death Of Band Member After Severe Hazing Incident

Thu, 03 May 2012 11:00:05 -0500

FAMU Has A Long History Of Hazing

According to an article in The Miami Herald, Florida A & M University has had a long history of hazing problems reaching back into the 1980's. FAMU is back in the headlines again because of a hazing incident which resulted in the death of a FAMU band member on November 19, 2011. Robert Champion, 26, was subjected to the hazing after a football game at Bethune-Cookman University. Mr. Champion played the clarinet in FAMU's famous band known as the Marching 100. There was a hazing ritual which was known as "crossing Bus C" in which the person being hazed had to walk down the aisle of the bus while other students repeatedly punched and kicked them. Unfortunately for Mr. Champion his hazing was so severe that it resulted in his death.

Robert Champion's parents believe his hazing was severe because he had given voice to his concerns about the culture of hazing at the university and also because he was gay. It is not certain why he choose to participate in the hazing, but according to his parents, he absolutely loved being in the band, and the need to "fit in" and "belong" may have been a motivating factor.

The university, the band director, and the bus company, and several students are likely to be held liable for negligence in the wrongful death of Robert Champion. At the scene of the hazing, the bus driver stood by watching and did nothing to stop it. The band director was aware that the school was experiencing problems with hazing behavior and did not provide the necessary supervision to prevent such actions. The University is also liable in this case because they were also aware of years of problems with many instances of hazing within the student body yet did not follow through with suspensions of students when they were found to be participating in hazing activity, despite a zero tolerance policy.

Medical Malpractice Involves Holding Physicians To A Higher Standard Of Care Because Their Decisions Involve Life & Death

Wed, 25 Apr 2012 13:29:59 -0500

Bad Medical Decision Leaves Colorado Woman Partially Paralyzed

Krissy Myatt of Ft. Collins, Colorado was being treated by her doctor for multiple sclerosis with a drug which was known to cause high blood pressure. According to The Coloradoan, she suffered a stroke in 2006 after she had gone to the emergency room with a bad headache and dangerously high blood pressure and was sent home after being told she had a migraine.

Unfortunately for her and her family, the doctor made a bad decision about her care and did not take her symptoms seriously considering her medical condition and the medicines she was taking. Did the doctor not review her health history? Why did he not order an MRI considering her medical complaint and the drugs she was taking for her MS? In The end, Mrs. Myatt suffered a severe brain bleed which resulted in a hemorrhagic stroke leaving her paralyzed on the right side.

Last month, Mrs. Myatt's medical malpractice case was settled when the Dr. was found to be negligent and his insurance provider was ordered to pay $3.9 Million. This is not an unusual amount considering Mrs. Myatt was a young active wife and mother. A Fox 31 Denver news story reported that she used to enjoy snowboarding , skiing, in-line skating, and cycling. Her journey back has been long and painful.

Federal Bankruptcy Judge Fines Wells Fargo $3.1 Million

Wed, 18 Apr 2012 11:09:17 -0500

Largest Punitive Damage Fine On Record For Single Loan Case

Last week, on April 5, 2012 a Federal Bankruptcy judge in Louisiana ruled that Wells Fargo must pay $3.1 million dollars in punitive damages. According to the story in The Huffington Post, Wells Fargo improperly charged thousands of dollars in fees on Michael Jone's mortgage account. They did not even follow their own terms in their mortgage agreement with Mr. Jones. Besides not properly handling the payments, they also did not correctly calculate the amounts that were owed and then refused to make corrections when it was reported.

After Mr. Jones filed for a chapter 13 bankruptcy Wells Fargo did not follow bankruptcy laws and continued to assess charges on his mortgage account. Federal Judge Elizabeth Magner found Wells Fargo's conduct to be "willful and egregious." In the judge's orders the multi-million dollar fine was a punitive damage award to "deter Wells Fargo from similar conduct in the future." Judge Magner found that the most damaging part of the case was Wells Fargo's unwillingness to correct its error after being informed of it.

Consult With A Bankruptcy Attorney To Determine If Bankruptcy Is Right For You

There are thousands of people across the country finding themselves in financial distress because of the bad economy. Many have lost their income because of job loss, or have suffered financial reversal because of huge medical bills. They need help stabilizing their lives while they seek new employment or look for ways reasonably handle their debt. Some have filed chapter 13 bankruptcy to try to reorder their lives. There are different types of bankruptcy and you should consult with a Georgia bankruptcy attorney for guidance on bankruptcy and if it is the right option for your circumstances. Bankruptcy may not be the right choice for some people making it important to seek legal guidance.

Zimmerman Facing Criminal Charges In Treyvon Martin's Death May Also Be Liable For A Wrongful Death Lawsuit

Thu, 12 Apr 2012 15:02:39 -0500

Florida Special Prosecutor Charges Zimmerman With Second-Degree Murder

There are probably not many people who are not familiar with the Trayvon Martin tragic shooting death. The story has been reported on nationwide by local & cable news, radio,newspaper and internet news. State senators, celebrities, and civil rights leaders have all been speaking out about the case and calling for action.

Many residents of Sanford, FL and others interested in this case with its racial overtones are reported to be satisfied that the special prosecutor has arrested and charged George Zimmerman with second degree murder, according to The Christian Science Monitor. The Sanford community and family members of Trayvon Martin had been waiting for 6 weeks while the investigation ground on and were afraid that George Zimmerman would not have to answer for his part in the shooting death of Trayvon.

Was The Shooting Death Of Trayvon An Accident Or Intentional?

George Zimmerman was part of a neighborhood watch for his gated community and according to an AP News story the incident took place on a rainy evening when Mr. Zimmerman thought Trayvon was acting suspiciously and began to follow him. All of the facts have not yet been made public, but a confrontation between Mr. Zimmerman and Trayvon ended with Trayvon being fatally shot.

The confusing accounts by witnesses of the incident and possible mishandling of the investigation by the Sanford Police Department did not help calm public fears that someone might be getting away with murder. Fortunately the investigation by Florida special prosecutor Angela Cory wrapped up with the announcement on Thursday, April 11 that criminal charges were being filed and that Mr. Zimmerman had turned himself in.

When Job, Income, & Life Circumstances Change You Can Petition The Court For Child Support Modification

Sun, 08 Apr 2012 15:26:05 -0500

Divorced parents sometimes find it difficult to keep up with their court ordered child support because their income has suddenly decreased and/or the bad economy has affected their circumstances. The original amount of child support ordered by the court at the time of their divorce sometimes needs to be modified because of the changing circumstances. When this happens an Alpharetta divorce attorney can help petition the court for a modification of child support.

Former NFL Wide Receiver Terrell Owens Succeeds In Modifying Court Ordered Child Support

A recent child support modification case made big headlines recently because the father seeking a modification is a celebrity figure. Former NFL player, Terrel Owens, sought reductions in his court ordered child support payments. He had been paying between $5,000 and $20,000 monthly to each of four different mothers of his four children. Terrell had enjoyed a handsome income as a wide receiver for the Cincinnati Bengals but when he was not re-signed in 2011, he suddenly found himself unemployed and unable to fulfill his responsibility for child support payments.

A recent article in the Examiner reported on his success in having his child support modified for 3 of his children. The court has sealed the records about the amount of the settlement, but word is that it is now in line with what Mr. Owens can afford. In addition to getting the court to agree to the modified child support Terrell Owens also set up visitation rights with some of his children which he had not previously had.

According to TMZ, Terrell Owen's 4 children include 2 daughters and 2 sons all of whom are under the age of 11. The child support he had been paying in excess of $40,000 a month for the support of his children simply could not be maintained once he became unemployed. Besides these financial obligations Mr. Owens was also having difficulty paying mortgages on properties he owns and is facing a foreclosure on his Georgia home. Without recourse for modification of child support his financial obligations for his children alone would have been ruinous.

Negligence In Food Poisoning Outbreak Of 2011 Still Causing Sickness & Death In 2012

Wed, 28 Mar 2012 09:53:55 -0500

Last years food poisoning outbreak caused by melons contaminated with Listeria from Jensen's Farms is still claiming lives in 2012. The latest victim was a 68 year old retired Podiatrist, Mike Hauser, who had been fighting his food poisoning illness for weeks. According to the Food Poisoning Bulletin, Mr. Hauser's death brings the death toll from this outbreak to 35.

On September 2, 2011 the Colorado Department Of Public Health informed the CDC that 7 people had become ill with listeriosis. After that first report more people became ill in Colorado and in 27 other states to which the cantaloupes had been shipped. The CDC began an investigation and traced the source of the listeriosis to contaminated cantaloupe from one farm in Colorado, Jensen Farms. The affected cantaloupes were immediately recalled, but many people had already consumed them or did not hear of the recall.

Since the recall there have been 35 deaths including a miscarriage from a pregnant woman suffering from listeriosis. According to the Denver Post the death toll could still rise as some causes of deaths still have to be determined. The CDC stated that this foodborne illness outbreak has been the deadliest one in the United States since 1924. In total there were 146 people who became sick and 35 deaths. Most of the victims of the listeria outbreak were over 60 and almost all of the sick required hospitalization.

Large Sum Of Money Awarded In Wrongful Death Case To Estate Of Cambridge Man Killed During A Fight In 2003

Thu, 22 Mar 2012 12:43:36 -0500

In a wrongful death case which had its beginnings over 8 years ago, The Massachusetts Appeals Court recently upheld a negligence award in the case of a Harvard graduate student who killed an 18 year old Cambridge man during an altercation in April 2003.

The tragedy of Michael Colono's death is underscored by the fact that these two men did not know each other; their meeting was by chance and the altercation was fueled by alcohol. The story from the archives of People May 26, 2003 records that Alexander Pring-Wilson, a 25 year old Harvard graduate student, was walking home after he had been drinking with friends when he passed by Colono and two friends who were sitting in a parked car outside a Pizza Parlor. An altercation occurred after Colono made an insulting remark about Wilson and a fight ensued. Other reports indicated that a second occupant of the vehicle joined in the fight and Wilson pulled out a small utility knife he always carried, to defend himself. Witnesses said Mr. Wilson ended up fatally stabbing Colono in the chest.

Wilson was found guilty of voluntary manslaughter and sentenced to 6 to 8 years in prison but his attorneys appealed his case and his verdict was overturned on appeal in 2005. His attorney was able to successfully forward the argument that the victim and his friend had violent records which had not been allowed into evidence during the trial. Wilson's attorney believed this information would have made a difference in how the jury had assessed the incident. A second trial in late 2007 ended in a deadlocked jury and according to the Boston Globe, Wilson then agreed to a plea bargain in which he plead guilty to involuntary manslaughter and was sentenced to 2 years in prison. It was felt this move was preferable to having to go through a third trial and could put an end to more years of litigation.

Civil Lawsuits Help Personal Injury Victims Recover Compensation

Colono's girlfriend and mother of his daughter with the assistance of a wrongful death attorney filed a civil suit against Mr. Wilson for the benefit of the baby daughter. The most recent ruling regarding this case involves this civil lawsuit filed against Mr. Wilson by Mr. Colono's estate. Following the story in The Universal Hub, the appeals court has upheld the ruling of negligence from the civil court case against Mr. Wilson. The judge found that both Mr. Wilson and Mr. Colono were equally at fault for the fight, but that Mr. Wilson could have availed himself of other alternatives rather than staying and fighting, that he used more force than was necessary and because of this his actions were negligent. On March 13, 2012 Mr. Wilson was ordered to pay $10,000 to the estate of Mr. Colono and $250,000 to Colono's daughter for his wrongful death.

Not Obeying Georgia's Move Over Law Increases Risk To Law Enforcement & Emergency Workers For Serious Accident Injury

Sat, 17 Mar 2012 08:17:09 -0500

A recent CBS Atlanta story has highlighted the problem of drivers who are disobeying the Georgia "Move Over Law". In the March 2012 news story, Marietta police gave voice to their worry that police officers lives are being put in danger when they are conducting traffic stops on the side of the road. Many drivers are failing to slow down or move into the other lane as they drive by a traffic stop, frequently passing dangerously close to the officers.

What Is The Georgia Move Over Law?

The Georgia Move Over Law, Georgia Code Title 40-6-16requires drivers to move over one lane when they approach a stationary emergency vehicle with flashing lights parked on the shoulder of the road. If the motorist is unable to change lanes they must reduce their speed and be prepared to stop if necessary. This law was enacted to try to stop the large numbers of emergency personnel who were being hit by passing vehicles every year causing serious injury and in some cases death. It applies to more than police vehicles and includes any emergency vehicles with flashing lights that are yellow, amber, white, red or blue. This includes emergency vehicles used by the police, paramedics, firefighters, tow truck operators, roadside assistance vehicles, and road maintenance workers.

A year ago, Spencer Pass, a roadside assistance worker was hit and killed by a driver who did not obey the move over law. According to the story in the Atlanta Journal Constitution Mr. Pass was assisting another motorist on the shoulder of the road. The driver of a Ford F-450 pickup truck pulling a landscape trailer sideswiped the emergency vehicle, the truck that was being assisted and then hit Mr. Pass causing fatal injuries. This is just one example of many stories we all hear and read about in which emergency personnel and workers are injured and killed each year by negligent drivers who sideswiped them while they were working on the shoulder of a roadway.

The police and other emergency workers spend a lot of time working on the shoulders of our roads, doing their jobs and assisting motorists in need of help. Because of this they are certainly at a higher risk of being injured by a negligent motorist. But as a normal course of life, anyone of us has a possibility of being injured in a car accident and when it happens because of the fault of another, we will need help in recovering compensation for our injuries. That is when a Georgia personal injury attorney can work with you to protect your rights and see that you receive fair compensation.

Can A Georgia DUI Charge Be Successfully Fought And Dismissed?

Mon, 05 Mar 2012 15:14:54 -0500

A Georgia DUI conviction is serious and can have immediate and long range consequences on your life that you should try to avoid if at all possible. Having the representation of an Alpharetta DUI attorney can make a difference in how your dui case will ultimately affect you.

Whether you are stopped at a Georgia DUI checkpoint, have been pulled over for suspicion of DUI or been involved in a car accident and you have been charged with a DUI it is important to receive the advice and guidance of an Atlanta DUI Attorney. Daniel W. Mitnick & Associates, PC is one law firm you can trust to help you defend yourself against DUI charges and navigate the legal system so that you will receive the best possible outcome for your case.

Police Officers Can Use Several Methods For determining If A Driver Is DUI

Police officers are trained to observe and recognize different aspects of a person's demeanor to help them when ascertaining if a driver has been driving under the influence. The Georgia Governor's Office of Highway Safety recently offered an updated training session for police officers on the latest techniques for investigating suspected DUI divers according to a recent news release in the Gainesville Times. While officer observation may cause the officer to suspect that a driver has been driving under the influence it is important to remember those observations are subjective and can be wrong.

Part of this assessment involves the way a driver looks, talks and acts among other things. We all know a person could appear to be under the influence because of other factors such as being drowsy or being in an emotional state from a fight with a girlfriend or wife for example. A driver may have had one or two drinks and have the smell of alcohol on his breath, but not be over the legal limit. A field sobriety test is another tool used by the police to help determine if a driver is driving under the influence; but was the test administered properly? Here again, being tired can affect the results as can a variety of health problems.

More Than Half Of Fatal Car Accidents Involve Aggressive Drivers According To The AAA Foundation For Traffic Safety

Wed, 29 Feb 2012 16:45:35 -0500

Depending on what state you are driving in, the law can define aggressive driving differently. The National Highway Traffic Safety Administration defines it as "when individuals commit a combination of moving traffic offenses so as to endanger other persons or property." Some unsafe driving behaviors which fall into the category of aggressive driving includes:

Exceeding the speed limit
Following too closely
Unsafe lane changes, erratic (weaving in and out) of lanes
Not signaling lane changes
Disregarding traffic signals and/or signs
Red light running

What Is The Aggressive Driving Law In Georgia?

An aggressive driver is not just unintentionally violating the law, it is intentional. Many factors can contribute to driving aggressively such as an impatient personality, stress, and crowded roadways, but a driver is responsible for operating his vehicle in accordance with state law and in a safe manner. Research has found that aggressive driving can even escalate into road rage ending in a physical assault with others to the point of serious injury and even death.

To date 11 states have defined what constitutes aggressive driving. In Georgia aggressive driving falls under Georgia Code 40-6-397 which states that a person is guilty of aggressive driving if they operate a motor vehicle with "the intent to annoy, harass, molest, intimidate, injure or obstruct another person, while doing one or more of the following: overtaking and passing another vehicle; violating traffic lane markings; following too closely; violating signal, lane change, slowing or stopping laws; impeding traffic flows; reckless driving."

In Georgia aggressive driving is a criminal offense and if you are convicted of aggressive driving it can result in fines, points against your license, possible loss of driving privileges, possibility of jail time, and higher insurance rates.

Taking Your Legally Prescribed Drugs & Driving Can Result In A Georgia DUI Charge

Mon, 27 Feb 2012 11:04:26 -0500

You take your medicine like you normally do, then get in your car to run some errands. Everything is great, right? Not necessarily. Should you get involved in a car accident it is possible for you to be charged with a DUI. Under Georgia Code OCGA 40-6-391 it is against the law to drive while under the influence of alcohol or drugs and that includes legal prescription drugs, if they impair your driving ability.

One Georgia Man Recently Charged With A DUI For Driving While Under The Influence Of A Prescription Drug

On February 7, 2012 this situation became a reality for one Georgia man. The Moultrie Observer ran a news article about a man who was charged with a DUI after he had caused a car accident while he was under the influence of a legal prescription.

According to the news article, 911 operators had received several calls about a vehicle that was driving erratically on highway 111. A Highway patrol officer had been sent to investigate the calls when he came upon an accident on highway 111 near the intersection of Circle Road. Ronald Bentley had crashed his Ford Ranger into a car carrying 5 passengers. The car carried a male driver, a 20 year old female passenger and three children, ages 2, 3 and 7 who were in the backseat restrained in car seats. Fortunately the driver and the children were not seriously injured and were treated and released from the hospital. The woman passenger, however, was hurt more seriously and needed to be hospitalized.

Mr. Bentley, who had taken morphine which he had a legal prescription for, told the highway patrol officer that he had been going in and out of consciousness before the accident. Mr. Bentley was charged with a DUI and improper lane change.

Burn Hazard Brewing With Recalled Tassimo Single Cup Coffee Makers

Mon, 20 Feb 2012 14:45:12 -0500

CPSC Recalls Tassimo Single Cup Coffeemakers

Every month, the Consumer Product Safety Commission (CPSC) releases warnings and recalls on various consumer products that are responsible for causing death, injury or property damage. Among the most recent recalls is a popular coffee maker, the Tassimo single cup brewer manufactured by BSH Home Appliances Corp. of Irvine California. About 835,000 of these coffee brewer units have been sold in the U.S. alone with another 900,000 in Canada between June 2008 up to the present.

How Is The Tassimo Single Cup Coffee Maker Causing Injury?

There have been 140 reports of users being injured while using the coffee maker, when the T disc (small cup which holds the coffee or tea) unexpectedly bursts and sprays its contents out onto the user or anyone who is standing nearby. Among the incident reports that the CPSC has received, 37 of the complaints involved 2nd degree burn injuries. In one incident a 10 year old girl had to be hospitalized when she was burned in the face.

A consumer alert article in the Boston Globe also reported that Kraft Foods is recalling 4 million of their Tassimo expresso T Discs. These T discs were sold under the brand names Gevalia, Maxwell House, and Nabob. Kraft's recall is in response to 37 reports of burns received when these T discs sprayed out their hot contents. The recalled brewer discs were sold from August 2011 up to February 2012.

Georgia Man Wins $2.3 Million Lawsuit After Suffering Serious Injury From A Fall At Kroger

Thu, 16 Feb 2012 13:41:22 -0500

Craig Walters, a longtime customer of Kroger's, was shopping at their Ridge Road store in Douglasville in May 2008 when he slipped on some crushed fruit that was on the floor. According to the Douglasville Patch, he fell on his back with such force that he injured his spine severely requiring back-fusion surgery and the insertion of rods and screws to help stabilize his spine. Mr. Walters asked Kroger to help him with his medical bills which had run up to almost $135,000 but they said they were not responsible for his accident and would not help him. That was when Mr. Walters turned to a Georgia premises liability attorney for help.

Owners and managers of property, including commercial property, are required by law to maintain their premises in a safe manner. Being a grocery store, managers and store personnel knew or should have known that people drop food items frequently and need to be vigilant about keeping floors clean and free of debris or any item that could potentially cause a slip & fall accident.

During the investigation of Mr. Walter's accident it was discovered that Kroger had a camera in the area of the store where he suffered his spinal injury. But when asked about recovering video footage from the camera Kroger said it did not cover the area where Mr. Walters had slipped. It was later discovered that the camera did cover the area of the accident. Ultimately it came out that Kroger lied about having video of the area and then destroyed any video evidence that might have been on the tape. Video evidence would have been very important in showing, not only that there was a spill of some kind on the floor, but also would have shown how long it was left there without being attended to.

Steps After a Car Accident

Mon, 30 Jan 2012 14:07:46 -0500

In Georgia, twice as many people are killed in crashes in rural counties as are killed in the five metropolitan Atlanta counties. The guidelines are generally the same if you're involved in an accident in a rural area of Georgia. But there are a few differences to consider:

Stay at the Scene of the Georgia Car Accident

The general rule is that if you are involved in any type of car accident, even a fender bender, it's important to stay at the scene. There are serious legal ramifications for leaving the scene and committing a "hit and run". However, if you are in a rural, or deserted area, and are involved in an accident, experts suggest using caution when getting out of your vehicle. Unfortunately, there are people who have "bumped" another car to get them to pull over and then harm or rob the driver when they exit the vehicle.

If you were in a non-serious car accident and feel unsafe getting out of your vehicle, you can also drive the nearest gas station or police station to report the accident. If the other driver turns out not to have any ill-conceived plans, you may be embarrassed, but safe.

Call for Help After the Cumming Car Accident

It's important to check that everyone is okay and then call for help after a Georgia vehicle accident. If someone is complaining of neck injuries, it's best not to move them, instead wait for an ambluence.

During the chaos, it's easy to want to apologize and accidentally admit guilt for the accident. The time right after an accident can be overwhelming, by apologizing or admiting guilt (even if it ends up not being your fault), you can implicate yourself unnecessarily.

As you're waiting for police, it's great if you can talk to witnesses. Even in rural areas of Georiga, there may be people that saw the accident. Write down their information, if possible, you can then pass this information onto your car accident attorney, insurance companies and the police.

Contact an Alpharetta Car Accident Lawyer

If you're involved in a car accident, in a rural or metropolitan area of North Georgia, an experienced Alpharetta car accident lawyer can help. If the accident was caused by someone else's negligence, you are entitled to compensation. Call the law offices of Daniel W. Mitnick today to discuss how they can help you build a strong and convincing case to get the compensation you deserve.