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  • Schneider v. State

    Publication Date: 2011-11-11
    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. John T. Durden Jr., District Attorney, Melissa L. Poole and Russell B. Mabrey Jr., Assistant District Attorneys, Hinesville, for appellee.
    for defendant:
    Case Number: A11A1552

    The Court vacated the defendant's conviction for felony theft by taking and remanded the case for the entry of a misdemeanor conviction and sentence because the state failed to establish that the v

  • Wheeler v. State

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jennifer A. Trieshmann, Atlanta, for appellant. Leigh E. Patterson, District Attorney, and Natalee L. Staats, Assistant District Attorney, Rome, for appellee.
    for defendant:
    Case Number: A10A1398

    The defendant's second statement requesting an attorney, in which he stated that, based on the seriousness of the charges, he needed to discuss it with a lawyer before talking to police, was not am

  • Nix v. State

    Publication Date: 2011-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: G. Richard Stepp, Lawrenceville, for appellant. Daniel J. Porter, District Attorney, and Robby A. King District Attorney's Office, Lawrenceville, for appellee.
    for defendant:
    Case Number: A11A1577

    The defendant was legally detained when the officer requested consent to search the car immediately after giving the defendant a verbal warning and instructing him to repair an inoperative head

  • Williams v. Williams

    Publication Date: 2011-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: A. James Rockefeller The Rockefeller Law Center, Warner Robins, for appellant. Howard Z. Simms, District Attorney, and Carmel W. Sanders, Macon, for appellee.
    for defendant:
    Case Number: A11A2184

    OCGA § 19-8-18 e provides that adoption decrees are not subject to any judicial challenge filed more than six months after entry of the decree and the biological mother, who was incarcerated at the

  • Hill v. State

    Publication Date: 2011-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Bruce S. Harvey and Kimberly H. Cornwell, Atlanta, for appellant. Joseph F. Burford Prosecuting Attorneys' Council of Ga. and Gary D. Bergman, Special Assistant District Attorney, Atlanta, for appellee.
    for defendant:
    Case Number: A11A1880

    The defendant failed to show that the 4-year pre-indictment delay actually prejudiced his defense or that the 7-month post-indictment delay was presumptively prejud

  • Law Journal Press | Digital Book

    Florida Affirmative Defenses and Procedural Objections: With Forms 2024

    Authors: Joshua B. Spector, Paul D. Turner

    View this Book

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  • In the Interest of D. T. A.

    Publication Date: 2011-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Todd L. Ray McDonald, Kinnamon & Thames, and Joshua J. Smith, Dalton, for appellant. Curtis A. Kleem McCamy, Phillips, Tuggle & Fordham LLP, Dalton, for appellee.
    for defendant:
    Case Number: A11A1112

    The Court vacated the termination of the mother's parental rights because the juvenile court failed to make sufficiently explicit findings as to the likelihood of serious harm from the children's co

  • Brooks v. State

    Publication Date: 2011-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Dell Jackson, Atlanta, for appellant. Paul L. Howard Jr., District Attorney, and Christopher M. Quinn, Assistant District Attorney, Atlanta, for appellee.
    for defendant:
    Case Number: A11A1366

    The trial court abused its discretion in refusing to sever the defendant's trial, since the jury unanimously found him guilty of crimes for which only his co-defendant was ind

  • In the Interest of J. C. W.

    Publication Date: 2011-10-21
    Practice Area:
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Brian M. Condon Child Attorney's Office, Atlanta, for appellant. Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson, Assistant Attorney General, Wenona C. Belton, Janine M. Carson, Atlanta, and Robert E. Hall, Roswell, for appellee. Other party representation: Diana R. Johnson, Atlanta.
    for defendant:
    Case Number: A11A1549

    The juvenile court erred in its long-term custody award, as the order did not include a finding that referral for termination of parental rights and adoption was not in the children's best int

  • Blackmore v. Blackmore

    Publication Date: 2011-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Nancy I. Jordan Brock, Clay, Calhoun & Rogers PC and Debbie C. Pelerose, Marietta, for appellant. Stephen C. Steele Moore, Ingram, Johnson & Steele LLC, Marietta, for appellee.
    for defendant:
    Case Number: A11A1277; A11A1526

    Because the mother's increased visitation did not exceed the time of cu allowed to the father, it did not amount to a de facto change of cu

  • Estate of Pitts v. City of Atlanta

    Publication Date: 2011-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James E. Butler Jr., Matthew E. Cook, Alan J. Hamilton, Joel O. Wooten Jr. Butler, Wooten & Fryhofer LLP, Columbus, and James P. Sneed Lawson, Davis, Pickren & Seydel, Atlanta, for appellants. Stephen M. Schatz, Steven J. DeFrank Swift, Currie, McGhee & Hiers LLP, James H. Fisher II, Denise W. Spitalnick Hall, Booth, Smith & Slover PC, Robert P. White Casey Gilson PC and Kawania B. James, Atlanta, for appellees.
    for defendant:
    Case Number: A11A1487

    The trial court erred in granting summary judgment to the defendants on the breach of contract claim brought by an estate whose decedent died while working on a construction project when he was stru