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  • Jones v. State

    Publication Date: 2012-10-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Steven Sparger, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, and Julayaun Waters, Assistant District Attorney, Savannah, for appellee.
    Case Number: A12A1085

    The trial court erred in failing to merge the defendant's firearms offense convictions for sentencing purposes, since each offense di require proof of an additional fact that the others di

  • Younger v. Dunagan

    Publication Date: 2012-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Douglas Daum, Snellville, for appellant.
    for defendant: Thomas Alexander and Renee Rainey Jones Cork & Miller LLP, Macon, for appellee. Other party representation: Jonathan Waters, Macon.
    Case Number: A12A1589

    The defendant was entitled to the protection of O.C.G.A. § 44-7-14 in a postal worker's claim for damages, arising after he was injured trying to escape from a dog at a house, which the defendant ha

  • McSmith v. Brown

    Publication Date: 2012-10-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A1140

    The county assistant solicitor was entitled to immunity from the plaintiff's pro se malicious prosecution action, arising after the defendant allegedly added a DUI count to the plaintiff's prosecut

  • State v. Crapp

    Publication Date: 2012-10-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Gregory Edwards, District Attorney, and Arkesia Jenkins District Attorney's Office, Albany, for appellant.
    for defendant: Kevin Armstrong, Assistant Public Defender, Albany, for appellee.
    Case Number: A12A1344

    Because the case was a pure credibility contest, defense counsel's failure to introduce available material corroborating the defendant's testimony constituted deficient perfor

  • Carr v. FedEx Ground Package Sys. Inc.

    Publication Date: 2012-10-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James Sadd Slappey & Sadd LLC, Atlanta, for appellant.
    for defendant: . Grant Smith and John Dixon Dennis, Corry, Porter & Smith LLP, Atlanta, for appellee.
    Case Number: A12A1014

    The exclusive remedy provision of the Workers' Compensation Act barred the plaintiff's action because the defendant was his statutory emp

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    Authors: Hon. William A. Dreier, Robert E. Bartkus

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  • In the Interest of S. R. C. J.

    Publication Date: 2012-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A1631; A12A1632

    The juvenile court was not required to consider family members in determining placement of a child after it terminated the mother's parental r

  • Thomas v. State

    Publication Date: 2012-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: David Abbott, McDonough, for appellant.
    for defendant: Lee Darragh, District Attorney, and Wanda Vance, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A12A1129

    The defendant was not entitled to appointed counsel at his 1999 probation revocation h and the transcript showed that he had otherwise waived representation by counsel at the beginning of the

  • Moore v. Camara

    Publication Date: 2012-09-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: John Walker Walker Hulbert Gray Byrd LLP, Perry, for appellant.
    for defendant: Trevor Hiestand Harper, Waldon & Craig, Atlanta, Rufus Sams and Renee Rainey Jones Cork & Miller LLP, Macon, for appellees.
    Case Number: A12A0899

    The plaintiff failed to support his negligence claim after the defendant struck him with his car while the plaintiff was walking alongside an inter

  • Garmon v. State

    Publication Date: 2012-09-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Sharese Shields, Atlanta, for appellant.
    for defendant: James D. McDade, District Attorney, and James Dooley, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A12A1368

    The defendant failed to show that the joint trial with his co-defendant prejudiced his de

  • Mayor & Aldermen of the City of Savannah v. Batson-Cook Co.

    Publication Date: 2012-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Andrew Shore Phillips & Morgan LLP, Gregory Morgan, Elizabeth Hodges Cohen Pollock Merlin & Small PC, Atlanta, James Blackburn, and Peter Giusti, Savannah, for appellant.
    for defendant: Charles Willis, Mark Degennaro Willis, McKenzie & Long, LaGrange, Robert Glenn Ellis Painter Ratterree & Adams, Stanley Karsman Savage, Turner, Pinson & Karsman, Savannah, and Brian Vella Smith Pachte McWhorter PLC, Vienna, Va., for appellees.
    Case Number: A11A0768

    Uniform Superior Court Rule 25.3—providing the threshold requirements for a motion to recuse to be assigned to another judge for determination—does not authorize a discretionary determination on the