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  • Harris v. State

    Publication Date: 2012-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A11A1615

    The defendant was entitled to a directed verdict of acquittal on the charge of misdemeanor obstruction of a law enforcement officer arising from his refusal to answer questions during a welfare chec

  • Admiral Ins. Co. v. State Broadcasting Corp.

    Publication Date: 2012-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A11A1507; A11A1619

    The plaintiff's extremely intelligent and quick-witted 11-year-old son assumed the risk of injury when he jumped from a tree into the adjacent river for the fun

  • Secured Realty & Investments Inc. v. Bank of North Ga.

    Publication Date: 2012-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A11A2020, A11A2021

    The trial court erred in denying the bank's motion for summary judgment in its suit to collect amounts due on a promissory note, as the bank established a prima facie right to judgment as a matter o

  • Fulton County Bd. of Assessors v. Greenfield Inv. Group LLC

    Publication Date: 2012-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Denval A. Stewart County Attorney's Office, Atlanta, for appellant.
    for defendant: Christopher M. Porterfield Busch, Slipakoff & Schuh LLP, and Robert J. Proctor, Atlanta, for appellee.
    Case Number: A12A0025

    The trial court had subject matter jurisdiction to $7,628 attorneys' fee award to appellee in its tax appeal against county board of assessors for 2009 assessment of real property at

  • Brown v. State

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jimmonique R. Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Julia A. Slater, District Attorney, and Wesley A. Lambertus District Attorney's Office, Columbus, for appellee.
    Case Number: A11A2226

    The evidence supported a finding that the defendant had constructive possession of a pipe containing cocaine residue that police found on the ground nearby after they tackled and arreste

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  • Warren v. State

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Virgil L. Brown, Zebulon, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Robert N. Peterkin, Assistant District Attorney, Greenville, for appellee.
    Case Number: A11A2361

    An officer found nearly 500 grams of 48.5 percent pure cocaine under a back seat cushion of the defendant's car during a valid traffic

  • Christopher v. State

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Matthew T. Dale Public Defender's Office, Tifton, for appellant.
    for defendant: Denise D. Fachini, District Attorney, and Henry O. Jones III, Assistant District Attorney, Cordele, for appellee.
    Case Number: A11A2421

    The defendant could not show prejudice from any deficiency in his trial counsel's performance because the defendant admitted that he was at the scene of the shooting and fired his gun, and four eyew

  • DB50 2007-1 Trust v. Dixon

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Kyle S. Kotake Morris, Schneider & Prior LLC, Atlanta, for appellant.
    for defendant: . James E. Carter Hurt, Stolz & Cromwell LLC, Athens, and Peter J. Rice Jr., Greensboro, for appellee.
    Case Number: A11A1726

    The trial court lacked jurisdiction to enter a permanent injunction after the defendants filed a notice of removal to federal district court and before the district court remanded the

  • Moore v. State

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jay M. Jackson, Atlanta, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Elizabeth A. Baker District Attorney's Office, Jonesboro, for appellee.
    Case Number: A11A2315

    The trial court properly denied the defendant's speedy trial motion, although it erred in failing to consider the length of delay Barker-Doggett factor separately from its threshold presumptive prej

  • Crawford v. State

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Lynn H. Whatley Whatley & Assocs. PC, East Point, and Pamela S. Stephenson Stephenson Reynolds LLC, Decatur, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Thomaston, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A11A1637

    The trial court did not err in refusing to charge the jury on reckless conduct and pointing a pistol at another as lesser included offenses of aggravated assault on a law enforcement of