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  • The State v. Stroud

    Publication Date: 2018-04-18
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A17A1851

    The trial court properly granted defendant's motion in limine to suppress evidence of his refusal to submit to a state-administered chemical test of his blood, breath, or urine in his trial for DUI-less safe and failure to maintain lane, as the arresting officer's error in misreading the implied consent notice substantively changed the meaning of the notice and misled defendant as to a serious consequence of refusing to submit to testing thus depriving defendant of making an informed decision about whether to consent to the testing.

  • Cottingham v. Sapp

    Publication Date: 2018-04-02
    Practice Area: Personal Injury | Premises Liability | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Andrew Hinton (Hinton & Powell), Atlanta, for appellant.
    for defendant: Charles Shenton (Young Thagard Hoffman, Smith & Lawrence), Valdosta, for appellee.
    Case Number: A17A1790

    Slip-And-Fall Plaintiff's Contradictory Testimony Supported Conclusion She Had Superior Knowledge of Hazard

  • Potts et al. v. Rueda et al.

    Publication Date: 2018-03-30
    Practice Area: Civil Appeals | Contractual Disputes | Corporate Entities
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Eugene Butt (James Hugh Potts II, LLC), Atlanta; James Potts (Trial Lawyers), Atlanta, for appellant.
    for defendant: Andrew Matteson, Joseph Peake (Stout Kaiser Matteson Peake & Hendrick LLC), Atlanta, for appellee.
    Case Number: A17A0873

    Triable Issues As To Whether Disputing Parties Had Oral Partnership Agreeement

  • Sitterli v. Csachi

    Publication Date: 2018-03-30
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jeffrey Hicks (Attorney at Law), Lawrenceville; Stephen Mackie (Attorney at Law), Atlanta, for appellant.
    for defendant: Raluca Hanea (Attorney at Law), Lawrenceville; Ecaterina Csachi, Lawrenceville, for appellee.
    Case Number: A17A1509

    Unjust Enrichment and Quantum Meruit Claim Both Failed For Failure to Show Expectation of Compensation

  • In The Interest Of K. G., A Child.

    Publication Date: 2018-03-27
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Rosalind Watkins (Attorney at Law), Atlanta, for appellant.
    for defendant: Talia Nurse, Christy Draper (Attorney at Law), Douglasville; Timothy MacMillan (Attorney at Law), Carrollton, for appellee. Deidre Ricks (The Ricks Law Firm LLC), Douglasville; Thinel Bishop (The Bishop Law Group), Villa Rica, for other party.
    Case Number: A17A1519

    There was clear and convincing evidence supporting the juvenile court's finding that the appointment of a permanent guardian was in the child's best interests.

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    A Letter from Your Client

    Authors: By Alex Geisler

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  • Outz v. State

    Publication Date: 2018-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Clark, Lawrenceville, for appellant.
    for defendant: David White (District Attorney), Hartwell; Michael Coveney (District Attorney's Office of the Northern Judicial Circuit), Danielsville, for appellee.
    Case Number: A17A1952

    Jury Could Infer From Circumstantial Evidence That Family ViolenceVictim Was Not Defendant's Sibling

  • Jackson v. The State

    Publication Date: 2018-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William McQueen (McQueen Law Office LC), Athens, for appellant.
    for defendant: James Chafin (Assistant District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A17A2064

    The evidence supported defendant's conviction for, inter alia, one count of child molestation, in which he was alleged to have masturbated in front of his 13-year-old stepson, despite the boy's trial testimony that he closed his eyes when defendant pulled out his penis, because it was not necessary for the victim to actually see defendant masturbate and there was evidence from which the jury could infer that defendant masturbated in the boys presence.

  • Briscoe v. The State

    Publication Date: 2018-03-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Elizabeth Brandenburg (Law Firm of Shein & Brandenburg), Atlanta, for appellant.
    for defendant: Kenneth Mauldin (District Attorney), Athens; Brian Patterson (Chief Assistant District Attorney), Athens, for appellee.
    Case Number: A17A1883

    Motion to Suppress Properly Denied Over Claims as to Corroboration Failure, Lack of Probable Cause to Search, and Stale Information

  • Lang v. The State

    Publication Date: 2018-03-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals, Fifth Division
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Overocker (Office of the Public Defender Coweta Judicial Circuit), Carrollton, for appellant.
    for defendant: Peter Skandalakis (Prosecuting Attorneys' Council of Georgia), Morrow; John Cranford (Coweta Judicial Circuit), Newnan, for appellee.
    Case Number: A17A1483

    Bifurcation of Charges Properly Denied Where Firearm Possession Charge Was Material to Charge of Criminal Gang Activity

  • State Of Georgia et al. v. International Indemnity Company et al.

    Publication Date: 2018-02-09
    Practice Area: Government
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Christopher M. Carr, Attorney General, Isaac Byrd, Deputy Attorney General, Daniel S. Walsh, Jeffrey W. Stump, Senior Assistant Attorneys General, Sarah H. Warren, Solicitor-General, for State of Georgia et al.
    for defendant: Barnes & Thornburg, Thomas J. Gallo, for International Indemnity Company et al. Robbins Ross Alloy Belinfante Littlefield, Richard L. Robbins, Alexander F. Denton, for Regulatory Technologies, Inc.
    Case Number: A17A1195

    The trial court erred in finding that the State of Georgia waived sovereign immunity under the Insurers Rehabilitation and Liquidation Act as to claims for payment of administrative expenses and attorney fees.