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  • Bryant v. The State

    Publication Date: 2018-07-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Edward Brumby (Public Defender's Office), Athens; John Donnelly (Western Circuit Public Defender's Office), Athens, for appellant.
    for defendant: James Chafin (Assistant District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A18A0330

    Defendant Claiming Ineffective Assistance of Counsel Did Not Show Prejuduce or Deficient Performance

  • Bennett v. The State

    Publication Date: 2018-07-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Kelly Williamson (Augusta Circuit Public Defender's office), Augusta; Brooke Ray (Law Office of the Public Defender, Stone Mountain Judicial Circuit), Decatur, for appellant.
    for defendant: Ashley Muller (Augusta Circuit District Attorney's Office), Augusta; Joshua Smith (District Attorney's Office Augusta Judicial Circuit), Augusta; Henry Syms (Office of the District Attorney), Augusta; Rebecca Wright (District Attorney), Augusta, for appellee.
    Case Number: A17A0181

    Incarcerated First Offender Was Subject to Mandatory DNA Testing and Records Retention

  • Agnes Scott College, Inc. v. Hartley

    Publication Date: 2018-06-26
    Practice Area: Personal Injury
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Benjamin Ladner (Attorney at Law), Atlanta; Brian Trulock, Alan Payne (Bendin Sumrall & Ladner LLC), Atlanta, for appellant.
    for defendant: Lloyd Bell, Michael Watson (Bell Law Firm), Atlanta, for appellee.
    Case Number: A18A0084

    Private College Could Be Found Vicariously Liable For Law-Enforcement Acts of Campus Police Officer Who Was Full-Time Employee

  • Epstein, Becker & Green, P.C. v. Anduro Holdings, LLC et al.

    Publication Date: 2018-06-22
    Practice Area: Attorney Compensation | Contractual Disputes
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Parker-Flynn (Carlton Fields Jorden Burt), Tallahassee, for appellant.
    for defendant: Sherri Buda, Bryan Knight (Knight Johnson LLC), Atlanta; Hayden Pace (Stokes Wagner ALC), Atlanta, for appellee.
    Case Number: A18A0682

    Some Evidence Supported Jury's Finding That Defendants Were Jointly and Severally Liable For Attorney Fees

  • Columbus, Georgia Board Of Tax Assessors et al. v. Medical Center Hospital Authority

    Publication Date: 2018-05-16
    Practice Area: Civil Appeals | Tax
    Industry: Health Care | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Robert Lomax (Robert R. Lomax LLC), Columbus; Kevin Meeks, Charles Palmer (Troutman & Sanders LLP), Atlanta, for appellant.
    for defendant: Jeffrey Brown (Brown & Adams LLC), Columbus; Andrew Rothschild, Jerome Rothschild (Rothschild & Rothschild PC), Columbus, for appellee.
    Case Number: A16A0638

    Tax Exemption Claim Could Be Raised Again Before Trial Court Where Neither Supreme Court nor Court of Appeal Had Reviewed Issue Prior to Remand

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    California Premises Liability Law

    Authors: Jayme C. Long

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  • Colbert v. The State

    Publication Date: 2018-05-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Clark, Lawrenceville; Victoria Novak (Chattahoochee Judicial Circuit Public Defenders of), Columbus, for appellant.
    for defendant: Scott Ballard (District Attorney), Griffin; Benjamin Coker (District Attorney), Thomaston; Robert Smith (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.
    Case Number: A18A0361

    The Court affirmed defendant's convictions for two counts of armed robbery, one count of aggravated assault, two counts of possession of a firearm during the commission of a felony, one count of aggravated battery, and one count of hijacking a motor vehicle but vacated one aggravated assault count, as the trial court erred in failing to merge that count with one of the armed robbery counts, and thus remanded for resentencing.

  • Jordan v. Everson et al.

    Publication Date: 2018-05-10
    Practice Area: Civil Appeals | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Eric Frisch, Claire Sumner (Carlock Copeland & Stair LLP), Atlanta, for appellant.
    for defendant: Neal Howard (Neal H. Howard & Associates PC), Columbus; Simon Weinstein (Attorney at Law), Atlanta, for appellee. Carl Langley (Attorney at Law), Albany, for other party.
    Case Number: A16A1710

    The Court of Appeals erred in holding that an independent, intervening act breaks the chain of causation in a wrongful death case only to the extent that the independent, intervening act is wrongful or negligent; rather, the act only has to be reasonably foreseeable by the alleged tortfeasor or triggered by his conduct.

  • Atlanta Truck Parts, Inc. v. Zenon & Zenon Contractors, Inc.

    Publication Date: 2018-05-08
    Practice Area: Contracts | Damages
    Industry: Automotive | Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Dosier Williams Winfield (Law Offices of Elizabeth Williams Winfield LLC), Peachtree City; Hugh Wood (Wood & Meredith LLP), Atlanta, for appellant.
    for defendant: Vivian Uchitel (Simpson Law Offices LLP), Atlanta, for appellee.
    Case Number: A18A0574

    The Court affirmed the $128,972.90 award to plaintiff in its breach-of-contract action, as the person who signed the contract on defendant's behalf was authorized to do so and there was evidence supporting the amount of the award.

  • ODwyer v. Schuller

    Publication Date: 2018-05-07
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Sabrina Parker (Parker Law Firm), Norcross, for appellant.
    for defendant: Joseph Schuller, Johns Creek, for appellee.
    Case Number: A18A0710

    The Court affirmed the trial court's decision granting father's petition to modify child custody, as there was some evidence supporting the trial court's finding of a material change in circumstances warranting a change in custody from mother to father.

  • Lynn v. The State

    Publication Date: 2018-05-07
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Donald Samuel (Garland Samuel & Loeb PC), Atlanta, for appellant.
    for defendant: Michael Mahoney (Office of the District Attorney, Bell-Forsyth Judicial Circuit), Cumming, for appellee.
    Case Number: A17A2117

    The trial court reversibly erred in excluding certain testimony as hearsay, because the evidence was not hearsay, as it was not offered to prove the truth of the matter asserted but rather to show its effect on defendant's state of mind and its impact on his later actions; the evidence was relevant; and it was not cumulative of other admitted evidence.