Simon Law Firm November 2018

Simon Law Firm November 2018

www.christophersimon.com

404-259-7635

november 2018

A Closer Look at the Kavanaugh Hearings

As America sat transfixed by the Judge Kavanaugh confirmation hearings last month, we were assaulted by “experts” telling us that Dr. Ford had no evidence. Without diving into the politics, allow me to explain some basics. There are basically two types of evidence: direct and circumstantial. Eyewitness testimony to an event is direct evidence of the highest order, and it’s more than enough to get a criminal warrant and allow a civil case to proceed to the jury in most situations. Circumstantial evidence is proof of other facts consistent with the hypothesis claimed . Putting it simply, both Judge Kavanaugh and Dr. Ford had direct evidence that the act did not or did happen, depending on who you ask. The entire line of questioning about whether anyone else remembered the party and the calendars was seeking circumstantial evidence that tended to make the assault more or less likely. One thing is always true: Eyewitness testimony is not gospel, and it must be weighed and tested. When there is eyewitness testimony about a fact, the passage of time, the lack of corroborating witnesses, and a lack of immediate reporting to others, it’s considered under the law when weighing the strength or weakness of the evidence. Likewise, the Judge’s denial of his ways when he was a young man may have seemed less than genuine, and those can be considered in a trial. Had this hearing been a criminal trial for the assault, it is likely the evidence would not have met the “beyond a reasonable doubt” standard.

Georgia courts are constantly considering the weight and admissibility of evidence to decide whether facts and issues should go to a jury. One of the court’s primary roles is to decide whether there is enough evidence of reliable quality to allow an issue to be presented. Another is to determine if the nature of the evidence is admissible or is inadmissible (think hearsay). In the case of Callaway v. Quinn, a lady was rear-ended and injured while driving. The truck sped off and was later found parked at a random business. The police went to the registered owner’s house, and he never came to the door. He never reported the truck missing, and he refused to pick it up from the wrecking yard. He claimed it was a beater, and yet he kept it tagged and insured. He told the lawyers that he suspected the former boyfriend of his sister-in-law may have taken the truck, but he could not be sure. The man filed a motion for summary judgment with the court, arguing that his direct evidence, his testimony that he was not driving, was more powerful than any of the circumstantial evidence that the plaintiff pointed to — basically all of the circumstances in the paragraph above. The court disagreed and said that when the circumstantial evidence makes the direct testimony unlikely, then it can overwhelm direct evidence and the case continues to a jury. Before circumstantial evidence can have any probative value to rebut or contradict direct and positive testimony of an unimpeached

witness of the alleged facts in question, such evidence must point at least more strongly to a conclusion opposite to the direct testimony. It is not sufficient that such circumstantial evidence points equally one way or the other. As we all sit here and fume one way or another about how the confirmation hearing went, we need to remember several things as Americans. The rule of law is more important than any one case. The hearing was not a trial, and the claim of assault appeared at the eleventh hour without any contemporaneous circumstantial evidence to support it. Justice Kavanaugh may have shown himself to lack the necessary demeanor to be a Supreme Court justice, and that is my opinion, but the reality is there simply was not enough evidence of the assault claim for the panel to give it weight. It is possible to believe the accuser while acknowledging that her reluctance to come forward at some point in the last 30 some years and without corroborating testimony or circumstantial evidence made the charge too weak to prevent confirmation.

–Christopher Simon

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Thanksgiving Prep for the Whole Family

Thanksgiving is more than just a feast; it’s about coming together as a family and being thankful for one another. So why wait to get into the spirit until everyone is seated at the table? Here are a few ways you can make the actual preparation of Thanksgiving dinner fun and engaging for the whole family!

or perhaps the family can venture outdoors to collect autumn trimmings for crafts. It’s a great way to let each family member put their own personal spin on the holiday!

Give Everyone a Role

experience. It’s important to match each family member to a job that best fits their abilities. Young children can mash potatoes or rinse ingredients in the sink. Older kids can take on more responsibility, like measuring ingredients, keeping an eye on timers, and setting the table. Teens and young adults can supervise their younger siblings and cousins in these important tasks and may be called upon to stir what’s on the stove while an adult checks on the football game.

Have a ‘Roller Derby’

No, not those rolls — yet . Making the feast a family project can turn the day from a hectic list of chores into a magical bonding

Finally. While an adult should be the one to put these delicious baked goods in the oven, the whole family can help shape the dough. In fact, Care.com recommends making this a contest. Set aside a time when everyone can vie for the title of Fastest Roll Maker, and you’ll have plenty of warm, flaky, delicious treats come dinnertime. Letting everyone play a part may take a little more planning and add slightly more chaos to your Thanksgiving preparations. But it’s sure to produce a lot of great memories and bonding moments among your loved ones. And by the time you sit down to eat, you’ll all have something to be thankful for right in front of you — Those. Delicious. Rolls.

Roll Out the Decorations

Still not talking about bread . Not everything in Thanksgiving preparation needs to be tied to the kitchen. Creative family members of all ages can work together to bring some seasonal flare to the dining room. Maybe this means picking up some Thanksgiving coloring books,

3 True Crime Shows You Have to See MOVE OVER, SITCOMS, THERE’S A NEWTREND IN TOWN

There’s a genre of entertainment that many Americans are afraid to admit is their secret obsession. It’s as if you’re hiding a secret that you desperately want to confess, but you’re afraid of the judgment and concerned looks from your friends. Then one day, you muster the courage to casually mention a docu-series you watched — hoping for absolution but concerned the jury won’t understand — and the floodgates open. Suddenly your closest friends and family have passionate opinions on the justice system and can tell you they know exactly who murdered who and how. Deep down inside, everyone loves a good mystery. Here are three of the best.

ever played — in any given episode, your view may bounce from one polarizing opinion to another. After watching 10 mind-bending episodes of Steven Avery and his attorneys going back and forth during the trial, you’ll have questions that demand answers. So many, in fact, that Netflix has confirmed the production of a second season and a spin-off series titled “Convicting a Murderer.”

convolution, and gritty storytelling comes to one bone-chilling conclusion that will make your jaw drop.

‘The Staircase’

Did Michael Peterson kill his wife? Did the American justice system tear apart the dream it so righteously attempts to protect? What is considered fact in a murder trial? These

‘The Jinx’

are just a few of the questions you’ll contemplate as you go on a 16-year journey told over 13 gripping episodes. Questionable expert testimony and crime scene evidence are juxtaposed with a competent defense team and a convincing defendant, making for

Forty years of conflicting reports on three murders make for one compelling HBO series. Robert Durst goes under the spotlight after speaking for the first time about the death of three people connected to him. A web of lies,

‘Making a Murderer’

Directors Laura Ricciardi and Moira Demos take viewers through an experience that feels like the most maddening game of ping pong

a story that begs viewers to take sides. In the end, the only fact you’ll know to be true is that you can’t trust your intuition.

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HOW DO YOU PROVE WHO’S AT FAULT FOR FOOD POISONING? Law in Your Life

WORD SEARCH

You wait all year for your favorite succulent holiday treats, but what happens when your food bites back? Learn more about proving fault after your food illness, and know your rights this holiday season.

How do you prove where you got food poisoning?

After attending a rehearsal dinner the night before a wedding in Georgia, a man and a woman became “violently ill.” The duo sued the company that catered the event, claiming they had evidence of 16–20 other people becoming sick as well. The pair also claimed that one person tested positive for salmonella, and they claimed that the guests who attended the wedding the next evening, which was not catered by the same company, did not get sick. The caterer refuted the couple’s claim, stating there was no way the couple could prove it was their food that made the rehearsalgoers sick, especially since the couple ate at different establishments after eating at the catered dinner. The Georgia trial court agreed with the caterer, arguing that the plaintiffs were unable to eliminate the other food they ate that night as having caused their illnesses. This wasn’t enough for the plaintiffs, and they appealed this finding to the Georgia Supreme Court. The high court agreed with the plaintiffs and reversed the trial court’s finding. The Georgia Supreme Court found that expecting a plaintiff to provide proof that no other sources caused their food poisoning was too arduous and therefore unfair. The plaintiffs only have to show there is “genuine issue as to any material fact.” Even though both parties had circumstantial evidence to back their claims, the plaintiff’s claims had done enough to raise suspicion of causation against the caterer, according to the high court. If you think you have food poisoning, seek medical help immediately to monitor your health and get documented proof of your illness. To get the compensation you deserve, give Simon Law Firm a call at 404-259-7635.

Black Friday Colonies Feast Football

Gobble Grateful Gravy Potatoes

Thankful Thanksgiving Tradition Turkey

Spicy,CreamySweet Potatoes

Sweet potatoes are a Thanksgiving staple, but they’re often the blandest thing on the table. Luckily that’s not the case with this recipe, which features Thai spices and coconut milk. INGREDIENTS

• • •

5 pounds sweet potatoes 1 cup canned coconut milk

• •

1/2 cup dark brown sugar 4 tablespoons unsalted butter 1 tablespoon kosher salt

1 tablespoon Thai red curry paste

•

DIRECTIONS 1. Heat oven to 375 F. On a large sheet pan, bake potatoes until very soft, approximately 75 minutes. 2. Let potatoes cool until they are safe to handle, then peel and mash. 3. In a small saucepan over low heat, combine coconut milk and curry paste. Once mixed, add the mixture, salt, half the sugar, and half the butter to potatoes. 4. 30 minutes before serving, heat oven to 425 F. Spread potatoes in a baking dish, cover with foil, and bake for 20 minutes. 5. Uncover potatoes and dot with remaining butter and sugar. Broil until brown, crusty, and delicious. Serve hot.

Learn more about law applied to real-life situations by reading our blog at Atlanta-Injury-Attorney-Blog.com.

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2860 Piedmont Rd NE #210 Atlanta, GA 30305

PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

After July 1, you will get a ticket for holding a cellphone in your car, even at a stop light! Georgia will be strictly enforcing the new law starting July 1! You can only hold your phone if legally parked, not just stopped in traffic. You must use an earbud or Bluetooth device to use the phone in a car. Be careful out there and stay safe!

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Kavanaugh vs. Ford 1 Let Kids Play a Role This Thanksgiving True Crime Makes for Gripping TV 2 Spicy, Creamy Sweet Potatoes

Proving Food Poisoning Fault 3 Car Seat Giveaway Winners! 4

CAR SEAT GIVEAWAY

We got to meet the first of our Car Seat Giveaway winners today with their lovely 5-month- old daughter! Congratulations, Kacie! Congratulations to our second Car Seat Giveaway winner, Sharon E., grandmother to a sweet new baby. Her grandchild is still in the hospital with some lingering issues, so please send prayers her way!

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