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  • Blackmon v. State

    Publication Date: 2016-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Kevin Anderson Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Joshua Morrison District Attorney's Office, Atlanta, for appellee.
    Case Number: A15A1834

    The defe was entitled to a new trial based on his trial counsel's deficient performance and the resulting prejudice to the defe

  • Park Solutions LLC v. DeKalb County Bd. of Tax Assessors

    Publication Date: 2016-05-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: C. Terry Blanton, Tucker, for appellant.
    for defendant: Mark Thompson, Atlanta, and Shaheem Williams County Attorney's Office, Decatur, for appellee.
    Case Number: A15A2136

    The sheriff's sale at which the appellant purchased the real property at issue was an arm's length, bona fide sale under O.C.G.A. § 48-5-2 subsection 3, and the sale price

  • Kimbrough v. State

    Publication Date: 2016-05-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Janice Singer-Capek and Amanda C. Palmer Garland, Samuel Loeb PC, Atlanta, for appellant.
    for defendant: . Daniel J. Porter, District Attorney, and Stephen Fern, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A15A1738

    The indictment charging the defendants with violating the Georgia Racketeer Influenced Corrupt Organizations Act was sufficient to withstand the defendants' special and general demu

  • Hughes v. The Cornerstone Inspection Group Inc.

    Publication Date: 2016-05-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Herbert Schlanger Law Office of HP Schlanger, Atlanta, for appellant.
    for defendant: Philip Savrin and Michael Wolak Freeman Mathis Gary LLP, Atlanta, for appellee.
    Case Number: A15A2264

    The trial court erred in dismissing the pl f's negligent inspection action for failure to state a claim, because there conceivably could have been evidence to sustain a grant of relief to the p

  • Leadership Preparatory Academy v. Butler

    Publication Date: 2016-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Robert Fortson and Katherine Kendricks McGuire Woods LLP, Atlanta, for appellant.
    for defendant: Amanda Stinson, Ellenwood, for appellees.
    Case Number: A15A1746

    The superior court had the complete record of the administrative proceedings below when it affirmed the award of unemployment benefits to a former emp

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Smith v. State

    Publication Date: 2016-05-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Aaron Palmer McMillan Rawlings LLP, Sandersville, for appellant.
    for defendant: Samuel Altman, District Attorney, Swainsboro, and Charles Howard, Senior Assistant District Attorney, Lyons, for appellee.
    Case Number: A15A2214

    Although the trial court erred in applying the 4-part Barker-Doggett balancing test when considering the defendant's motion to dismiss the indictment against him on speedy trial grounds, it was incu

  • McCarney v. PA Lex Glen LLC

    Publication Date: 2016-05-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Scott Hart The Hart Law Firm PC, Atlanta, for appellant.
    for defendant: M. Elizabeth O'Neill Hawkins Parnell Thackston Young LLP, Atlanta, for appellee.
    Case Number: A15A1684

    Viewing the evidence in the light most favorable to the plaintiff, h ical expert testified that to a reasonable degree of medical certainty the mold in the plaintiff's apartment contributed to

  • Calloway v. City of Warner Robins

    Publication Date: 2016-05-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Charles Adams Adams Adams LLP, Fort Valley, Katherine McArthur, Caleb Walker, and Jessica Applegate Katherine L. McArthur LLC, Macon, for appellant.
    for defendant: . Frances Clay, James Langstaff, and Thomas Richardson Chambless, Higdon, Richardson, Katz Griggs LLP, Macon, for appellees. Other party representation: Sheila Henderson, Martha Andrews, Warner Robins, and Johnnie Grayer, Macon.
    Case Number: A15A2081

    A city and a city clerk were entitled to sovereign immunity in the plaintiffs' wrongful death action alleging that the city and the clerk negligently issued a business license to a daycare facility

  • Weaver v. State

    Publication Date: 2016-05-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Steven Phillips, Public Defender, and Kenneth Kondritzer, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A15A2044

    The trial judge did not violate the defendant's right to be present when she responded to a note indicating that one of the jurors wanted to speak with the court about possible juror misconduct, si

  • Crankshaw v. State

    Publication Date: 2016-04-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Katherine Gonos Langdale Vallotton LLP, Valdosta, and David Cason, Loganville, for appellant.
    for defendant: Layla Zon, District Attorney, Covington, and Walter Howard District Attorney's Office, Monroe, for appellee.
    Case Number: A15A1975

    The defendant failed to prove her several ineffective assistance of counsel claims arising out of her convictions for conspiracy to possess oxycodone with intent to distribute, conspiracy to possess