Evidence

Superior Court Review of Georgia ALJ Decision

In ____ v. Brock, Judge Schwall, Fulton County Superior Court), affirmed an administrative law judge's Final Decision as supported by…

2 months ago

Guardianship Evaluation is Admissible Regardless of Stipulation

Guardianship Evaluation In most cases I've been involved in, the evaluator's report is stipulated into evidence or the evaluator is…

6 months ago

Georgia Court of Appeals Revisits the Preponderance-of-the-Evidence Standard

In White v. Stanley (Georgia Ct. App. 10/3/2023), Rhonda White appealed a jury verdict  in favor of the defendants relating…

9 months ago

Handwriting Expert’s Testimony Supported Forgery Claim Regarding Life Insurance Proceeds

In Estate of Hargett v. Brown (Tenn. App. 6/9/2023), the Decedent, Willie Hargett, had separated from his wife, Robbie Hargett.…

1 year ago

What is Undue Influence?

In Milbourne v. Milbourne, 301 Ga. 111 (2017), The Georgia Supreme Court affirmed a Gwinnett Probate Court Order refusing to…

1 year ago

Failure to Admit Evaluator’s Report Required Reversal of Conservatorship Order

Ms. Humprey was a hospital patient and the University of Tennessee Medical Center filed a petition for Conservatorship. The petition…

1 year ago

What makes a signature valid in Georgia?

The dictionary definition of "signature" is "a person's name written in a distinctive way as a form of identification in…

2 years ago

Ohio Court of Appeals Affirms Appointment of Guardian Despite Questionable Transcript from Probate Court Hearing

On September 15, 2022, the Ohio Court of Appeals affirmed a Probate Court decision appointing a guardian despite a spotty…

2 years ago

Evidence in Medicaid Hearings

Same rules as non-jury civil cases The rules of evidence applicable in civil nonjury trials apply in administrative hearings. O.C.G.A.…

2 years ago

Discovery in Medicaid Cases

As a general rule, discovery is not permitted in any proceeding before an ALJ, except to the extent specifically authorized…

2 years ago