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- Title
STATE CONSTITUTIONAL LAW--DUE PROCESS--GEORGIA SUPREME COURT GRANTS INJURED CIVIL LITIGANTS THE RIGHT TO BE PRESENT IN COURT REGARDLESS OF MENTAL CAPACITY. KESTERSON v. JARRETT, 728 S.E.2D 557 (GA. 2012).
- Authors
Farber, Joanna
- Abstract
The article discusses the Supreme Court of Georgia's determination in the 2010 case Kesterson v. Jarrett that injured civil litigants have the legal right to be present during court proceedings regardless of mental capacity, focusing on disabled plaintiff Kyla Kesterson's right to be present in the courtroom during the liability phase of the medical malpractice lawsuit that she filed through her parents Catherine and Ross Kesterson. Due process and legal precedent are also examined.
- Subjects
GEORGIA; RIGHT to be present at trial; STATE constitutional law; DUE process of law; CAPACITY (Law); MEDICAL malpractice; KESTERSON, Kyla; LEGAL precedent; GEORGIA. Supreme Court; ACTIONS &; defenses (Law)
- Publication
Rutgers Law Journal, 2014, Vol 44, Issue 4, p709
- ISSN
0277-318X
- Publication type
Article