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  • Williams v. State

    Publication Date: 2014-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Brittney Coons-Long, Assistant Public Defender, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Jessica Clark, Assistant District Attorney, and Jeremy Baker District Attorney's Office, Valdosta, for appellee.
    Case Number: A14A1334

    There was a substantial basis for concluding that probable cause existed to issue search warrants authorizing the use of a drug-detecting dog at the front door of the defendant's residence and the s

  • Honester v. State

    Publication Date: 2014-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James Bonner and Tyler Conklin Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Rebecca Wright, District Attorney, and Madonna Little, Assistant District Attorney, Augusta, for appellee.
    Case Number: A14A1395

    The trial court improperly denied the defendant's motion for a new trial on the ground of ineffective assistance of counsel, since there was a reasonable probability that the defendant's trial outco

  • Cantrell v. State

    Publication Date: 2014-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Mary Erickson, Atlanta, for appellant.
    for defendant: Penny Penn, District Attorney, and Jennifer Scalia, Assistant District Attorney, Cumming, for appellee.
    Case Number: A14A0898

    The defendant failed to prove that the trial court committed plain error in its jury c

  • Watson v. State

    Publication Date: 2014-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Noah Pines Ross & Pines LLC, Atlanta, for appellant.
    for defendant: Jacquelyn Johnson, District Attorney, Brunswick, Katie Gropper District Attorney's Office, Woodbine, and Andrew Ekonomou The Lambros Firm LLC, Atlanta, for appellee.
    Case Number: A14A0742

    The trial court properly charged the jury on sexual battery as a lesser included offense of child molest

  • Carlson v. State

    Publication Date: 2014-11-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James Miller, Marietta, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, and Amelia G. Pray, Assistant District Attorney, Marietta, for appellee.
    Case Number: A14A0764

    The trial court did not plainly err in its response to a question from the jury about the elements of felony obstruction of an of

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Owen v. Bank of the Ozarks

    Publication Date: 2014-10-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Thomas Parmer Price, Pyles, Dangle, Parmer & Rooks PC, Carrollton, for appellant.
    for defendant: Ronald Stay Stites & Harbison PLLC, Atlanta, for appellee.
    Case Number: A14A1316

    Oral agreements between debtors and failed banks will not be enforced against banking authorities and their assi

  • Campbell v. State

    Publication Date: 2014-10-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Amy Ihrig Public Defender's Office, Savannah, for appellant.
    for defendant: Margaret Heap, District Attorney, and Isabel Pauley, Assistant District Attorney, Savannah, for appellee.
    Case Number: A14A1464

    The trial court did not abuse its discretion in limiting the defendant's cross-examination of one of the victims to prevent mention that she was on probation for the offense of misdemeanor shopli

  • Phillips v. State

    Publication Date: 2014-10-29
    Practice Area:
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jennifer W. Seifert, Assistant Public Defender, Rome, for appellant.
    for defendant: Leigh Patterson, District Attorney, and Finnis Salmon, Assistant District Attorney, Rome, for appellee.
    Case Number: A14A1308

    The defendant failed to prove actual or constructive denial of counsel or his ineffective assistance of counsel claims in his appeal of the denial of his motion to withdraw his guilty

  • York v. State

    Publication Date: 2014-10-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Mary Erickson, Atlanta, for appellant.
    for defendant: Penny Penn, District Attorney, and James Dunn, Assistant District Attorney, Cumming, for appellee.
    Case Number: A14A1085

    The defense opened the door to unfavorable testimony on cross-examination; therefore, the trial court properly denied the defendant's motion for a mistrial after the State inquired further on redire

  • In the Interest of C. K. S.

    Publication Date: 2014-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Nazish Ahmed Ahmed Law Group, LaGrange, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Atlanta, and Leo Beckmann, Savannah, for appellee.
    Case Number: A14A1462

    There was not clear and convincing evidence supporting the trial court's findings that continued deprivation would harm the child and that termination of the father's parental rights was in the chil