Our Successes

In 2022, Don Samuel and his partner, Amanda Clark Palmer, succeeded in appealing and overturning the murder conviction of Claude “Tex” McIver. In a unanimous decision of the Georgia Supreme Court, the Court held that the trial court erred in permitting the prosecution to introduce various theories of motive for the alleged murder that had no factual support and also failed to properly instruct the jury on the possible lesser offense of misdemeanor involuntary manslaughter. McIver v. State, 314 Ga. 109 (2022).

Closing Argument at Trial

Robin and Hunter represented a family where an expectant mother came to the Hospital suspecting that she felt amniotic fluid leaking. The baby was moving, and once again the tracing was characterized as a Category 2 tracing, but nothing was done to improve it. Eventually, the patient’s OB was called, but when the doctor failed to appear timely, no call to the hospitalist working at the facility was made to ensure an emergent Caesarean Section. When the patient’s OB did finally arrive at the bedside, the fetal monitoring was discontinued, but delivery was further delayed, resulting in a devastating brain injury. Robin and Hunter negotiated a multi-million dollar settlement for the family.

Robin and Ed tried a case for the death of a construction worker when he was killed in the emergency lane of the highway by an 18-wheeler. Despite low income numbers, the jury found the life of the decedent to be so exemplary and joyous that they awarded millions of dollars in damages, and another one million dollars for pain and suffering for one second of fear suffered by the decedent when he realized the truck was headed toward him.

Robin represented a victim of medical malpractice when, during discovery, new evidence was found of violations of hospital policy. The Hospital fought against the addition of the new claims. Litigating through the Court of Appeals and to the Georgia Supreme Court, Robin successfully clarified the Georgia law on when new claims “relate back” to the claims known at the time suit is filed.

Robin and Hunter represented an expectant mother who came to the Hospital because she hadn’t felt the baby move earlier that day. The electronic fetal monitor was applied, and even though the biophysical profile was ok, the tracing never improved. Because the tracing was characterized as a Category 2 tracing, the doctors and nurses did nothing but observe. The providers waited for the tracing to become Category 3 before intervening and the baby was emergently delivered in a catastrophically injured condition. Robin and Hunter took the Hospital and delivering physician to task and recovered a multi-million dollar settlement for the family.

In 2015, Don and his partner, Ed Garland represented the Director and Producer of a movie who were charged with involuntary manslaughter in connection with the death of a crew member who was killed by a train. Both were facing ten years in prison. After a year of negotiating with the prosecutors, the case against the Producer was dismissed entirely and the Director entered a guilty plea and was sentenced to serve 12 months.

In 2017, Don and his partner John Garland successfully defended a woman from Taiwan who was charged with conspiracy to violate the U.S. Customs laws in connection with the importation of lined notebook paper worth millions of dollars in violation of U.S. tariff and anti-dumping laws. She was acquitted in federal court of all charges.

In 2019, Don and his partner, Amanda Clark Palmer represented a doctor who operated a pain management clinic in Tennessee. The doctor was charged with operating a pill mill, dispensing opioids without a legitimate medical purpose. There were allegations that four patients died from using the improper prescriptions. After a five-week trial, the doctor was found not guilty of all charges, including illegally dispensing the drugs over a five-year period and several counts of money laundering.

Don was co-counsel in the United States Supreme Court case Georgia v. Randolph decided by the Court in March 2006, which held that a consent search of a residence is not permitted if one spouse objects, even if the other spouse consents.

Don Samuel was counsel in the last three of the murder trials of Jim Williams, the antique dealer in Savannah, Georgia, whose case was chronicled in the best-selling book and the movie directed by Clint Eastwood, Midnight in the Garden of Good and Evil. Williams was tried four times for murder before being acquitted in the last trial.