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  • Owens v. State

    Publication Date: 2015-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Wayne Burnaine, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Nigel Lush, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A15A0419

    The trial court properly considered inculpatory statements the defendant made to officers in finding him guilty of possession of marijuana with intent to distribute, because the statements were not

  • Ragland v. State

    Publication Date: 2015-07-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Steven Harrison Public Defender's Office, Eastman, for appellant.
    for defendant: K. David Cooke, District Attorney, Ft. Valley, and Dorothy Hull, Assistant District Attorney, Macon, for appellee.
    Case Number: A15A0052

    The court did not abuse its discretion in admitting similar transaction evidence to show the defendant's course of conduct, intent, modus operandi, bent of mind, and lustful disposition in hi

  • Arbegast v. State

    Publication Date: 2015-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Mark Yun, Marietta, for appellant.
    for defendant: Brian Fortner, District Attorney, and Emily Richardson District Attorney's Office, Douglasville, for appellee.
    Case Number: A15A0212

    The trial court did not abuse its discretion in admitting evidence of two s transactions that had occurred 11 and 15 years prior to the defendant's child molestation trial, because they were

  • Wolffe v. Lender Title Escrow LLC

    Publication Date: 2015-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Arthur Wolffe and Tori Talbot, Union City, proceeded pro se. John Clark Clark Caskey LLC, Atlanta, for appellee.
    for defendant:
    Case Number: A15A0514

    The plaintiffs' lawsuit was an improper collateral attack upon a default judgment entered against them in a related foreclosure a

  • Stoudemire v. HSBC Bank USA

    Publication Date: 2015-07-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Richard Alembik, Decatur, for appellant.
    for defendant: . Dylan Howard, Joshua Tropper, Daniel Moore, and Jennifer Ervin Baker, Donelson, Bearman, Caldwell Berkowitz PC, Atlanta, for appellee.
    Case Number: A15A0091

    The plaintiffs lacked standing to challenge the assig of a security deed because they were not parties to the assig

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Brooks v. State

    Publication Date: 2015-07-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Solomon Amusan The Amusan Law Firm PC, Savannah, for Brooks. Steven Sparger, Savannah, for Jones. Margaret Heap, District Attorney, Jerome Rothschild Jr., Assistant District Attorney, and Lyndsey Rudder District Attorney's Office, Savannah, for State.
    for defendant:
    Case Number: A15A0701; A15A0702

    The trial court did not abuse its discretion in denying severance, as there was not a clear showing that a joint trial would lead to prejudice and consequent denial of due pr

  • Padilla v. Medrano

    Publication Date: 2015-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jimmy Hwang, Atlanta, for appellant.
    for defendant: Michael St. Amand Gray, Rust, St. Amand, Moffett Brieske LLP, Atlanta, for appellee.
    Case Number: A15A0380

    The trial court erred in failing to address the plaintiff's motion to substitute another party as a defendant before granting the only defendant's motion for summary jud

  • Calloway v. State

    Publication Date: 2015-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: John Cannon, Albany, for appellant.
    for defendant: Gregory Edwards, District Attorney, Kathryn Fallin, Assistant District Attorney, and Cania Brown-Gordon District Attorney's Office, Albany, for appellee.
    Case Number: A15A0601

    The defendant failed to preserve his ineffective assistance of trial counsel claim for appellate review, as he did not raise that claim at the earliest practicable moment, when he obtained new post-

  • Young v. State

    Publication Date: 2015-06-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Teresa Smith Public Defender's Office, Covington, for appellant.
    for defendant: Jim Wright, District Attorney, Sandra Rivers, and Atha Pryor, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A15A0471

    The evidence supported the defendant's convictions for aggravated battery on a correctional officer and aggravated assault on a correctional officer after he struck an officer in the head with his f

  • Estrada v. State

    Publication Date: 2015-06-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jimmonique R. S. Rodgers, Tyler Conklin Georgia Public Defender Standards Council, Atlanta, Edward Dettmar Georgia Public Defender Standards Council, Cartersville, and Christopher Geel, Mount Pleasant, SC, for appellant.
    for defendant: Rosemary Greene, District Attorney, and Stewart Bratcher, Assistant District Attorney, Calhoun, for appellee.
    Case Number: A15A0325

    The defendant waived his right to be present when the trial answered the jury's questions in his ab