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  • Federal Express Corporation et al. v. Denney

    Publication Date: 2022-11-03
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jerry Buchanan, (Buchanan Law Firm, PC), Columbus, William Holley, Anne Baroody, (Parker, Hudson, Rainer & Dobbs LLP), Atlanta, Michael Sansbury, (Spotswood Sansom & Sansbury, LLC), Birmingham, for appellant.
    for defendant: Dustin Brown, (Crawford & Brown Law Firm LLP), Columbus, Jefferson Callier, (The Callier Firm), Columbus, John Clark, Michael Smith, Richard Sizemore, (Clark & Smith Law Firm, LLC), Macon, Jason Crawford, (Crawford & Brown Law Firm LLP), Columbus, for appellee.
    Case Number: A22A0763

    Trial court erred when it set aside a default judgment as to only one of three defendants in a vehicle accident case where judgment was unapportioned

  • Shaughnessy v. The State

    Publication Date: 2022-10-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Sylvia Goldman, (Attorney at Law), Marietta, for appellant.
    for defendant: Flynn Broady, Leslie Coots, (District Attorney Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A22A0914

    Court affirms convictions for child molestation and aggravated sexual battery over defendant's contentions of ineffective assistance of counsel

  • Bentley v. Moore

    Publication Date: 2022-10-17
    Practice Area: Attorney Rates and Arrangements
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Matthew Winchester, (Law Offices of Matthew K. Winchester), Atlanta, Sarah Pomella Cornejo, (Saraj Cprmekp Law, LLC), Woodstock, for appellant.
    for defendant: Bret Moore, (Poole Huffman, LLC), Tucker, Ross Moore, (Ross Moore,II, P.C.), Atlanta, for appellee; Christopher Brookhart, (Downey & Cleveland, LLP), Marietta, for other party.
    Case Number: A22A0735

    Court affirms order denying plaintiff's motion to invalidate an attorney's lien because some evidence indicated that the plaintiff authorized an underlying settlement

  • Manor v. The State

    Publication Date: 2022-10-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Steven Sparger, (Attorney at Law), Savannah, for appellant.
    for defendant: Michael Edwards, Shalena Jones, Burt Burton, (Eastern Judicial Circuit District Attorney’s Office), Savannah, for appellee.
    Case Number: A22A1020

    Court reverses conviction for possession of marijuana with an intent to distribute because of chain of custody failure regarding the marijuana sample that was tested

  • Grullon v. The State

    Publication Date: 2022-09-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Stephen Brown-Bennett, (Taylor Lee & Associates, LLC), Norcross, for appellant.
    for defendant: Patsy Austin-Gatson, Nigel Lush, Daniel Porter, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A20A1051

    Court affirms conviction for heroin trafficking over defendant's objection to jury charge on intent that may be drawn from evidentiary inferences

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • McDonald v. Reyes

    Publication Date: 2022-09-27
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Lockhart, (Bradford & Lockhart, P.C.), LaFayette, Benjamin Bradford, (Benjamin T. Bradford, P.C.), Benjamin T. Bradford, P.C., for appellant.
    for defendant: Lawrence Stagg, (Attorney at Law), Ringgold, for appellee; Adam Cathey, (Law Office of Adam C. Cathey), Ringgold, for other party.
    Case Number: A22A1015

    Equitable Caregiver Action Barred Where State Agency Had Ongoing Case Involving Mother and Different Child

  • Harvard v. The State

    Publication Date: 2022-09-27
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Mickey Waller, (Mickey E. Waller, PC), Moultrie, for appellant.
    for defendant: Catherine Smith, (Assistant District Attorney), Thomasville, Bradfield Shealy, (District Attorney Southern Judicial Circuit), Valdosta, for appellee.
    Case Number: A22A1142

    Defendant Failed to Show Prejudice From Trial Counsel's Failure to Call Expert Witness to Challenge Forensic Interviews of Victims

  • Rozier v. The State

    Publication Date: 2022-09-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jerry Chappell, (Solo Practicioner), Roswell, for appellant.
    for defendant: Sherry Boston, Jason Rea, (DeKalb County District Attorney’s Office), Decatur, for appellee.
    Case Number: A22A0642

    Court affirms convictions on two counts of aggravated cruelty to animals but vacates defendant's sentence and remands for resentencing due to merger error

  • Scott v. The State

    Publication Date: 2022-09-23
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jerry Pilgrim, (The Pilgrim Law Group, LLC), Villa Rica, for appellant.
    for defendant: Matthew Ciccarelli, (Office of the District Attorney, Stone Mountain Circuit Office of the District Attrorney, Stone Mountan Judicial Circuit), Decatur, Sherry Boston, Heather Waters, Jason Rea, (DeKalb County District Attorney’s Office), Decatur, for appellee.
    Case Number: A22A0989

    Defendant Failed to Show Prosecution Intentionally Goaded Him Into Moving for Mistrial

  • Cole v. The State

    Publication Date: 2022-09-22
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Fani Willis, Elizabeth Rosenwasser, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: A23A0101

    No Direct Appeal Possible From Criminal Conviction AfterAnother, Unresolved Count Was Dead-Docketed