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Publication Date: 2013-06-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Kevin Armstrong, Assistant Public Defender, Albany, for appellant.
for defendant: Gregory Edwards, District Attorney, and Cania Brown-Gordon District Attorney's Office, Albany, for appellee.
Case Number: A13A0185
The defendant waived his confrontation right, since he affirmatively declined to question the child-victim, thus the trial court properly admitted the child's out-of-court state
Publication Date: 2013-05-28
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Michael McCarthy, Public Defender, Dalton, for appellant.
for defendant: Herbert Poston, District Attorney, Susan Franklin, Assistant District Attorney, and Mark Higgins District Attorney's Office, Dalton, for appellee.
Case Number: A13A0408
The evidence supported the defendant's conviction for attempted child molestation, as the State proved that he took a substantial step toward committing child molestation when he traveled to an arra
Publication Date: 2013-05-01
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Bobby Cook and C. Sutton Connelly Cook & Connelly, Summerville, for appellant.
for defendant: Leigh Patterson, District Attorney, and Natalee Staats, Assistant District Attorney, Rome, for appellee.
Case Number: A13A0097
The trial court did not violate the defendant's right to be present at critical stages of the proceedings in holding bench conferences in his absence, since the conferences were related to legal iss
Publication Date: 2013-04-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: William Droze and Robert Edwards Troutman Sanders Lockerman & Ashmore, Atlanta, for appellant.
for defendant: Roy Barnes, John Salter The Barnes Law Group LLC, Marietta, and James Richardson Talley, Richardson & Cable PA, Dallas, for appellees. Amicus Curiae: Warren Calvert Attorney General's Office, Susan Moore, and Rusi Patel Georgia Municipal Association Inc., Atlanta.
Case Number: A12A2440
The plaintiffs were not authorized to bring a direct cause of action for und of overpaid sales tax to Georgia Power Company, since O.C.G.A. § 48-2-35 sets forth procedures for taxpayers to clai
Publication Date: 2013-04-23
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Gerard Kleinrock, Decatur, for appellant.
for defendant: Robert James, District Attorney, Decatur, and Daniel Quinn, Assistant District Attorney, Marietta, for appellee.
Case Number: A12A2079
The trial court erred in failing to merge the defendant's aggravated assault and armed ro counts for sentencing, since the assault with the gun occurred during the armed ro
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Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager
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Publication Date: 2013-04-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: J. Scott Key, Decatur, for appellant.
for defendant: Tommy Floyd, James Wright, District Attorneys, Blair Mahaffey, and Thomas Williams, Assistant District Attorneys, McDonough, for appellee.
Case Number: A13A0213
Although the substance police found in a baggie in the defendant's pocket was unidentifiable, the trial court properly admitted the evidence at the defendant's methamphetamine trafficking trial, as
Publication Date: 2013-04-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Robert Williams, Claiborne Smith, and Bradley Davis Troutman Sanders LLP, Atlanta, for appellant.
for defendant: Ann Byrd DLA Piper Rudnick Gray Cary US LLP, Anne Lewis, Jonathan Poole Strickland Brockington Lewis LLP, Atlanta, T. Wade Welch, and Matthew Kita T. Wade Welch & Associates, Houston, Texas, for appellants.
Case Number: A12A2381
Since the contractual obligation of the telecommunications company's assignors at the time of the assignment was to pay the plaintiff's predecessor a percentage of gross revenue it received from the
Publication Date: 2013-04-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Wendy Boston and Russell Boston The Boston Law Firm LLP, Macon, for appellant.
for defendant: Warner Fox, Christopher Keith Hawkins Parnell Thackston & Young LLP, Robert White, and Cynthia Tolbert Casey Gilson PC, Atlanta, for appellees.
Case Number: A12A1919
The plaintiff failed to support her claims for negligent hiring and retention, premises liability and failure to warn after the defendant hotel's employee allegedly physically and sexually assaulted
Publication Date: 2013-04-11
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Neal Graham Buzzell Graham & Welsh LLP, Macon, for appellant.
for defendant: Erica Jansen and Randolph Powell Huff, Powell & Bailey LLC, Atlanta, for appellee.
Case Number: A12A1902
A genuine issue of material fact remained as to whether there was a causal link between the plaintiff's allegations that a certified nursing assistant at her mother's nursing home used a shower cha
Publication Date: 2013-04-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Vincent Lauria, Atlanta, and Charles Cork, Macon, for appellant.
for defendant: Benjamin Ladner, Melanie Taylor, and Brian Trulock Bendin Sumrall & Ladner LLC, for appellee.
Case Number: A12A2337
The admission of hearsay deposition testimony from the doctor who removed the medical malpractice plaintiff's lesion was harmful, since it related to the core issue about which evidence was conflic
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