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  • Amirfazli v. Vatacs Group Inc.

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Amelia T. Phillips Phillips Law LLC, Alpharetta, for Amirfazli. Ronald S. Stevens and Jillian Harmon Stevens & Stevens LLC, Atlanta, for VATACS Group Inc.
    for defendant:
    Case Number: A11A1165, A11A1166

    The Court reversed an order setting aside a foreclosure as questions of fact remained regarding the validity and fairness of the

  • Ward v. State

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Kentral Ward, Sparta, proceeded pro se. Richard R. Read, District Attorney, and Roberta A. Earnhardt, Senior Assistant District Attorney, Conyers, for appellee.
    for defendant:
    Case Number: A11A1389

    Habeas corpus provided the defendant's only remedy for challenging his guilty plea to armed robbery after the term of court in which it was en

  • Muhammad v. Power Lending LLC

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Ali S. Muhammad, Atlanta, proceeded pro se. Todd H. Surden McCurdy & Candler LLC, Atlanta, for appellee.
    for defendant:
    Case Number: A11A1204, A11A1443

    The debtor received sufficient notice of the hearing regarding confirmation of a foreclosure sale and he presented no evidence showing any violations of the foreclosure sta

  • Sapp v. Canal Ins. Co.

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Stephen R. Chance and Lance D. Lourie Watkins, Lourie, Roll & Chance PC, Atlanta, for appellant.
    for defendant: . Robert W. Browning, Charles A. Ratz Gilliland, Ratz & Browning PC, Atlanta, John C. Spurlin Spurlin & Spurlin, Robert C. Wilmot McCall, Phillips, Williams & Powell LLC, Tifton, and William H. Hedrick, Albany, for appellee.
    Case Number: A09A2317

    Because a dump truck company was in the business of furnishing a dump truck and driver, for compensation, to haul crushed rock and like materials on the state's public roadways, it was a motor carri

  • Hammock v. State

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jimmonique R. S. Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Cartersville, and Stewart D. Bratcher, Assistant District Attorney, Calhoun, for appellee.
    Case Number: A11A0861

    Witnesses' testimony about what they observed on a surveillance videotape was not he

  • Law Journal Press | Digital Book

    New Jersey Code of Criminal Justice 2024: A Practical Guide

    Authors: KENNETH DEL VECCHIO

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  • Float v. State

    Publication Date: 2011-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: William M. Fleming, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Charles R. Sheppard and Madonna M. Little, Assistant District Attorneys, Augusta, for appellee.
    Case Number: A11A1029

    Evidence supported defendant's convictions for aggravated assault and possession of a firearm during the commission of a

  • Beaudoin v. State

    Publication Date: 2011-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Louis M. Turchiarelli, Marietta, for appellant.
    for defendant: Garry T. Moss, District Attorney, Wallace W. Rogers Jr. and Cliff Head, Assistant District Attorneys, Canton, for appellee.
    Case Number: A11A0976

    The trial court did not err in denying defendant's Jackson Denno motion and admitting his statements to police because evidence showed that the statements were freely and voluntarily made, under non

  • Smith v. State

    Publication Date: 2011-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Michael R. McCarthy, Public Defender, and George B. Sparks, Assistant Public Defender, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Stephen E. Spencer and Susan Franklin, Assistant District Attorneys, Dalton for appellee.
    Case Number: A11A1082

    The trial court did not err in failing to charge on the lesser included offense to aggravated sexual battery or child molestation as the evidence supported the indicted crimes or no crimes a

  • Gaddis v. State

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Anne L. Watson, Chief Assistant Public Defender, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, and Vanessa E. Sykes, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A11A1105

    The testimony of a prob officer and expert witness regarding a drug test performed on the defendant was sufficient to support the revoc of his prob

  • Crouch v. Bent Tree Community Inc.

    Publication Date: 2011-07-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: George M. Kent Jr. and Tracy A. Marion Shapiro, Fussell, Wedge, Smotherman & Martin LLP, Atlanta, for Crouch. Eric J. Rogers and Denis G. Lovell Jr. Carlock, Copeland, Semler & Stair LLP, Atlanta, for Bent Tree.
    for defendant:
    Case Number: A11A0725; A11A0726

    The trial court erred in awarding attorneys' fees and costs under O.C.G.A. § 13-6-11, since trial courts may not grant attorneys' fees under that statute on summary jud