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  • Harris v. The State

    Publication Date: 2024-06-25
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Betsey Tate, (Office of the Circuit Public Defender, Southwestern Judicial Circuit), Americus, for appellant.
    for defendant: Lewis Lamb, Cania Brown-Gordon, (Southwestern District Attorney’s Office), Americus, for appellee.
    Case Number: A24A0583

    Court reverses trial court's denial of motion to suppress due to lack of probable cause in a search warrant affidavit to collect evidence from a car's electronic control module

  • PNC Financial Services Group, Inc. v. Gibson

    Publication Date: 2024-06-03
    Practice Area: Banking and Finance Laws | Civil Procedure
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Thomas Tucker, (Tucker Long, P.C.), Augusta, Christopher Kanne, (Duane Morris, LLP), Atlanta, for appellant.
    for defendant: David Hudson, (Hull Barrett, PC), Augusta, John Gibson, Augusta, for appellee.
    Case Number: A24A0268

    Court reverses order denying attorney fees and mandating document production, and affirms dismissal of defamation claim on the basis of Georgia's anti-SLAPP statute

  • The Radiology Group, LLC v. Marks

    Publication Date: 2024-05-31
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Angelo Merolla, (Merolla & Gold, LLP), Atlanta, for appellant.
    for defendant: Craig Allen, (Spears Moore Rebman & Williams), Chattanooga, for appellee.
    Case Number: A24A0139

    Court reverses default judgment against defendant due to plaintiff's late filing of service proof, which delay extended defendant's response time

  • Tamayo v. The State

    Publication Date: 2024-05-31
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Forrest Shealy, (Attorney at Law), Marietta, for appellant.
    for defendant: Flynn Broady, Elizabeth York, (District Attorney Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A24A0534

    Court affirms convictions in child cruelty and battery case over defendant's challenges to his indictment and the constitutionality of a statute, and claims of ineffective assistance of counsel

  • MCCloud v. The State

    Publication Date: 2024-05-30
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David West, (David West & Associates), Marietta, for appellant.
    for defendant: Patricia Brooks, Winder, James Smith, (District Attorney), Jefferson, Hannah McLear, (Barrow County Da’s Office), Winder, for appellee.
    Case Number: A24A0126

    Court affirms child abuse convictions and rejects defendant's challenges to circumstantial evidence and trial procedures, admission of certain evidence, and claims of ineffective assistance

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    Chester County Court Rules 2024

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  • Williams v. The State

    Publication Date: 2024-05-01
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Amy Copeland, (Rouse + Copeland LLC), Savannah, for appellant.
    for defendant: Joe Skeens, Billy Nelson, (Office of the District Attorney for the Atlantic Judicial Circuit), Hinesville, for appellee.
    Case Number: A24A0459

    Court affirms conviction for child molestation over defendant's challenge to sufficiency of evidence and contentions of error in not giving a certain jury instruction on a. lesser included offense

  • Stewartson v. The State

    Publication Date: 2024-05-01
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Lloyd Matthews, (Attorney at Law), Canton, for appellant.
    for defendant: Sherry Boston, Jason Rea, (DeKalb County District Attorney’s Office), Decatur, for appellee.
    Case Number: A24A0166

    Court affirms convictions for voluntary manslaughter and firearm possession over defendant's challenges to a jury instruction on mutual combat and contentions of constitutional rights violations

  • Farmer v. Farmer

    Publication Date: 2024-04-25
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Cara Clark, (Dwayne C. Singleton, LLC), Griffin, for appellant.
    for defendant: Marie Broder, (Spalding County District Attorney’s Office), Griffin, for appellee.
    Case Number: A23A1302

    Court reverses summary judgment order and rules that an oral promise to convey a life estate in real estate may be enforceable under specific circumstances

  • Massey v. The State

    Publication Date: 2024-04-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Bradley, (Ocmulgee Circuit Public Defender's Office), Milledgeville, Brian Cathey, (Brian Cathey Law), Athens, for appellant.
    for defendant: Tuttle Barksdale, (Ocmulgee Circuit District Attorneys Office), Eatonton, Jeff Burks, (Ocmulgee Circuit District Attorneys Office), Madison, for appellee.
    Case Number: A24A0008

    Court affirms burglary conviction over defendant's challenge to sufficiency of evidence, which showed defendant's attempt to unlawfully enter a residence

  • Creamer et al. v. Manley

    Publication Date: 2024-04-24
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: C. Adams, Jared Roberts, (Attorney at Law), Douglas, for appellant.
    for defendant: Timothy Tanner, (Attorney at Law), Valdosta, for appellee.
    Case Number: A24A0111

    Court confirms validity of will and rejects caveators' claims of testator's lack of testamentary capacity and undue influence by named beneficiary