• The State v. Bradberry

    Publication Date: 2020-11-13
    Practice Area: Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Christopher DeNeve, Brian Whiteside, (Gwinnett County Solicitor General), Lawrenceville, for appellant.
    for defendant: Lance Tyler, (Tyler Law Firm), Suwanee, for appellee.

    Case Number: A20A1460

    Trial Court Erred in Suppressing Intoxilyzer Breath Test Evidence; Court Also Erred in Denying Motion to Suppress Evidence of Defendant's Refusal to Take Alco-Sensor Breath Test

  • Wheeler v. Best

    Publication Date: 2020-11-13
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Thomas Wheeler, Dublin, for appellant.
    for defendant: Mayor Phil Best, Joshua Powell, (City of Dublin), Dublin, for appellee.

    Case Number: A20A1517

    Superior Court Did Not Err in Dismissing Certiorari Petition Based on the Absence of a Bond or Affidavit of Indigence

  • G & E Construction, LLC v. Rubicon Construction, Inc. et al.

    Publication Date: 2020-11-12
    Practice Area: Business Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: James Penland, (Attorney at Law), Atlanta, Dorothy Primm, (Attorney at Law), Tucker, for appellant.
    for defendant: Matthew Jones, William Hart, (Busch Reed Jones & Leeper PC), Marietta, for appellee.

    Case Number: A20A1381

    Company's Founder Is Not Personally Liable Under OCGA §14-2-204 for Debt of Construction Company That Was Administratively Dissolved

  • CKCG Healthcare Services, Inc. et al. v. Georgia Department of Community Health

    Publication Date: 2020-11-09
    Practice Area: Administrative Law | Civil Appeals | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Tanya Graham, (The Law Office of Tanya Mitchell Graham, P.C.), Atlanta, for appellant.
    for defendant: Calandra Harps, Christopher Carr, (Assistant Attorney General), Atlanta, for appellee.

    Case Number: A20A1319

    Parties Appealing Superior Court Review of State Administrative Agency Ruling Failed to Apply For Discretionary Appeal

  • Van Omen v. Lopresti

    Publication Date: 2020-11-09
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Edward Dovin, (Dovin Ficken LLC), Atlanta, for appellant.
    for defendant: Joshua Ruplin, Christopher Brookhart, (Downey & Cleveland, LLP), Marietta, for appellee.

    Case Number: A20A1277

    Plaintiff Failed to Exercise Greatest Possible Diligence to Effect Service of Process After Defendant Raised Service Issue in Court

  • 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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  • Oladunni v. The State

    Publication Date: 2020-11-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Ibrahim Oladunni, (Wilcox State Prison), Abbeville, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, (Attorney General), Paul Howard, (District Attorney), Atlanta, Paula Smith, Juliana Sleeper, Lyndsey Rudder, (Fulton County District Attorney's Office), Atlanta, for appellee.

    Case Number: A20A1274

    Court dismisses notices of appeal due to lack of jurisdiction because defendant's motion in arrest of judgment was still pending.

  • Kishel v. The State

    Publication Date: 2020-10-16
    Practice Area: Civil Procedure | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Matthew Winchester, (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Paul Howard, Juliana Sleeper, (Fulton County District Attorney's Office), Atlanta, for appellee.

    Case Number: A20A1380

    Trial Court Did Not Abuse its Discretion in Denying Defendant's Motion to Dismiss Based on Alleged Speedy Trial Violation; Defendant Did Not Assert His Right to a Speedy Trial Until He Moved to Dismiss

  • Haynes v. The State

    Publication Date: 2020-10-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Jessica Towne, (Clark & Towne, P.C.), Lawrenceville, for appellant.
    for defendant: Daniel Porter, Samuel D'Entremont, Daniel Sanmiguel, (Gwinnett Judicial Circuit District Attorney's Office), Lawrenceville, for appellee.

    Case Number: A20A1347

    Trial Court Did Not Err in Removing Defendant From Courtroom, Given Defendant's Repetitive Arguing and Refusal to Answer Judge's Questions

  • Stevens v. The State

    Publication Date: 2020-10-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: David Phillips, (Walton County Public Defender's Office), Monroe, for appellant.
    for defendant: Layla Zon, Randal McGinley, (Newton County District Attorney's Office), Covington, for appellee.

    Case Number: A20A1554

    Trial Court Did Not Coerce Verdict By Urging Jury to Continue Deliberating

  • Picklesimer et al. v. City of Eatonton et al.

    Publication Date: 2020-10-01
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Caleb Walker, (Katherine L. McArthur, LLC), Macon, Katherine McArthur, (McArthur Law Firm), Macon, for appellant.
    for defendant: Frances Clay, Thomas Richardson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, for appellee.

    Case Number: A20A1011

    Court affirms dismissal of injured plaintiff's lawsuit against a City due to failure to provide proper ante litem notice with the specific damages that were being sought