Our Successes

Joel McDurmon served as counsel for an incarcerated Client subjected to an improperly extended sentence. Joel’s diligent work uncovered two errors in the sentencing calculations which together would have resulted in the Client serving an additional full year in prison on top of the originally sentenced five. Joel successfully challenged the Georgia Department of Corrections reporting system for the first error, and successfully secured a Court order reducing the sentence for the second. An injustice has been prevented and the Client should now be out in time to attend her son’s graduation.

Clint Rucker obtained a total dismissal of all charges for his client who was accused of various crimes in connection with the death of the mother of Young Thug's child. Lakevia Jackson was fatally shot in the parking lot of Metro Fun Center on Metropolitan Parkway on March 17, 2022. Clint's client and another were accused in connection with the death. Clint filed a motion for immunity from prosecution because his client was acting in self-defense. After a full evidentiary hearing, Fulton County Judge Kimberly Esmond Adams dismissed all charges, finding that Clint's client was clearly acting in self defense saying the two accused "established by a preponderance of the evidence that each was acting in self-defense and the defense of others and is, therefore, entitled to immunity from prosecution."

You can read Judge Adams's order here.

If you are facing charges even though you were acting in self defense, contact Garland, Samuel, & Loeb, P.C. for a free consultation.

We previously reported about a case where GSL partners Don Samuel and Amanda Clark Palmer obtained acquittals on murder charges for their client. The client was convicted of lesser charges including Aggravated Assault and Violation of Oath of Office. On appeal, the Georgia Court of Appeals unanimously reversed the client's aggravated assault and oath of office convictions. The Court agreed with GSL and held that the prosecution should not have been permitted to introduce evidence of a county police department’s “use of force policy” that contradicted state law on the right to use deadly force in self-defense. This successful appeal also represented Joel McDurmon’s first win in the appellate court. While still a law student, Joel (who is now an associate in the firm) helped draft the briefs that were filed in the Court of Appeals.

You can read the decision here.

For the second time in as many years, Don Samuel gets to call a client and tell them their life sentence and murder conviction have been vacated.

This morning the Georgia Supreme Court reversed the client’s murder conviction where the sole issue on appeal was whether the trial court’s introduction of a 33-second long rap music video was erroneous under a rule of evidence that limits the introduction of evidence when its prejudice to the defendant is substantially outweighed by its value to the state. (Rule 403) Don’s client was accused of murdering a security guard at a night club after an argument ensued over whether the club was closed. The client was definitely present at the club at the time of the shooting, and he did get in an argument with the security guards, but there was no direct evidence that he was the shooter.

The state introduced a 33-clip of a video called “Ghetto Angels” which showed the client holding a semi-automatic pistol with an extended magazine.

In a 60-page opinion, the Supreme Court of Georgia explained why this evidence should have been excluded under 403 and why it was not harmless error. Justice Warren (the author of the opinion) pointed out that the state failed to present a link between the client’s performance in the rap video and his motivation to shoot at this security guard; and that in fact, the only link was to show that the client was a violent gunman – which is impermissible propensity evidence. In a footnote, the opinion points out that the state failed to present any evidence that this performance was not “wholly theatric.”

Georgia’s 403 rule mirrors the federal rule – so this opinion should be helpful even to those practitioners outside of the Peach State.

You can read the full opinion here: https://www.gasupreme.us/wp-content/uploads/2024/03/s23a0860.pdf

GSL attorneys Amanda Clark Palmer and Joel McDurmon secured an acquittal for their client, a former jailer charged with having illegal sexual contact with two inmates in Douglas County. The client was charged with two counts of improper sexual contact by a law enforcement officer as well as two counts of violation of oath of office (one of each count for each alleged victim). Prior to deliberations, the judge dismissed one of the oath of office counts. After deliberations, the jury acquitted the client of one count of improper sexual contact and hung 10-2 as to the remaining two counts.

Prior to trial, the State announced they intended to bring in testimony from another witness who allegedly experienced similar conduct by the client. Joel McDurmon thoroughly researched the allegations and interviewed the witness several times. As a result of his diligent preparation, the State decided not to call the witness at all.

The plea offer made prior to trial was that the State would ask the judge to sentence the client to 10 years to serve for a charge that required life time sex offender registration.

If you are facing a serious felony charge, call GSL today for a free consultation.

Partners Don Samuel and Amanda Clark Palmer have been representing Claud "Tex" McIver since 2017. He was charged with Malice Murder and Felony Murder (and other crimes) related to the shooting death of his wife Diane. Along with attorney Bruce Harvey, Don and Amanda vigorously defended the case at trial. After a two-month trial and days of jury deliberations, the jury returned a confounding verdict: they found Tex Not Guilty of Malice Murder but guilty of intentionally shooting his wife and causing her death. The verdict was appealed.

In 2022, a unanimous Supreme Court found that several errors were made by the trial court which required a new trial. (McIver v. State, 314 Ga. 109 (2022) read the opinion here)

Prior to the retrial, GSL successfully argued that the state could not introduce any evidence that Tex intended to kill his wife or that he had any financial motive in shooting her. This important ruling, restricting the state's trial presentation, led the state to immediately file an appeal, bringing a halt to the retrial. Subsequently, GSL was able to obtain a dismissal of the remaining felony murder charge and a plea to a reduced charge of Involuntary Manslaughter (meaning Tex did not intend to shoot or kill his wife).

Read the AJC article here

In 2021, John Garland, Amanda Clark Palmer, and Don Samuel, defended a man from Gainesville who was charged with wire fraud involving stealing 53,000 bitcoins from the Silk Road darknet market in 2012. When the Government' seized the bitcoin they were worth roughly $3.4 billion, making it the second largest financial seizure in US history. The GSL team was able to secure a negotiated plea which resulted in a prison sentence of a year and a day. GSL's client will likely serve only five months in custody.

Don Samuel was counsel for the Chief Financial Officer in The Gold Club Trial. The trial began as a major organized crime, RICO prosecution, but resulted in a misdemeanor plea for his client in the fourteenth week of trial with a sentence of 12 months non-reporting probation.

Don Samuel was counsel in the case of US v. Sullivan, in which the defendant was charged with hiring a hit man to murder his wife. His wife was killed by a man delivering roses to her house. The case was tried in the United States District Court in Atlanta and the judge dismissed the charges at the close of the government's case, granting a directed verdict of not guilty.

In 2011, Don Samuel and Kristen Novay were counsel in the successful defense of Dr. Lawrence Egbert, the founder and medical director of Final Exit Network. Dr. Egbert was prosecuted for voluntary manslaughter in Phoenix, Arizona. The State alleged that Dr. Egbert and the Final Exit Network were involved in assisting hundreds of people commit suicide. Following a three-week trial, the jury returned a not guilty verdict.

In 2014, Don Samuel, along with Kristen Novay, was appointed by the federal court to represent the southern regional president of the Outlaw Motorcycle Club on charges of obstruction of justice in federal court in the Northern District of Georgia. At the conclusion of the trial, their client was found not guilty of all charges by the judge who directed a verdict of not guilty.

In 2019 and with his partner Amanda Clark Palmer, Don Samuel represented Robert “Chip” Olsen, a Dekalb County police officer who was charged with two counts of murder and lesser charges of assault and violating his oath of office. Following trial and six days of deliberations, the jury acquitted Olsen of both murder counts and found him guilty of the lesser charges.