• Goode v. The State

    Publication Date: 2023-07-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Greg Willis, (Willis Law Firm), Atlanta, Samuel Sliger, (McDonald & Cody, LLC), Cornelia, for appellant.
    for defendant: William Langley, (District Attorney), Blairsville, Francis Moran, (Lumpkin County District Attorney's Office), Dahlonega, for other party.

    Case Number: A23A0200

    Court reverses denial of a motion to suppress DUI evidence because State failed to prove essential facts top justify a prolonged detention of defendant

  • Favorito et al. v. Wan et al.

    Publication Date: 2023-06-07
    Practice Area: Election and Political Law | Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Todd Harding, (Attorney at Law), Griffin, Paul Kunst, (Paul C. Kunst PC), Barnesville, for appellant.
    for defendant: Amanda Clark Palmer, Donald Samuel, (Garland, Samuel & Loeb PC), Atlanta, for appellee; Robert Cheeley, (Cheeley Law Group LLC), Alpharetta, Preston Haliburton, (Haliburton Law Firm), Atlanta, Charles Joyner, (C. David Joyner, P.C.), Buford, Dominique Martinez, David Lowman, Cheryl Ringer, Steven Rosenberg, Kaye Burwell Francesca Black, (Office of the Fulton County Attorney), Atlanta, Charlene McGowan, (Office of the Attorney General), Atlanta, Gabrielle Holland, (Attorney at Law), Alpharetta, William Charles Bundren, (Bundren Law Group, PLLC), Frisco, for other party.

    Case Number: A22A0939

    Remand to Trial Court Necessary to Determine Plaintiffs' Standing to Sue County on Claims of Unlawful Dilution of Election Votes

  • Jackson v. Jack et al.

    Publication Date: 2023-05-30
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Valerie Jackson, Haddock, for appellant.
    for defendant: Wendy Heiman, (The Law Office of Nancy W. Phillips), Macon, for appellee.

    Case Number: A23A0106

    Material Factual Issue Existed as to Whether Motorist Was Negligent For Stopping Her Car in Traffic

  • Cornejo v. Allen

    Publication Date: 2023-05-30
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Brad McFall, (Gammon, McFall & Villarreal), Cedartown, for appellant.
    for defendant: Valerie Vie, (Attorney at Law), McDonough, for appellee.

    Case Number: A23A0052

    Material Factual Issue as to Whether Dog Owner Knew of Animal's Vicious Propensity

  • Body v. The State

    Publication Date: 2023-05-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Walker, (Georgia Public Defender Council), Macon, for appellant.
    for defendant: Stacey Jackson, Frederick Lewis, (Chattahoochee Circuit District Attorney’s Office), Columbus, for appellee.

    Case Number: A23A0395

    Court affirms robbery conviction over defendant's appeal to trial court's refusal to declare a mistrial over challenged character evidence

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    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri

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  • Mitchell v. The State

    Publication Date: 2023-05-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Benjamin Pearlman, (Office of the Public Defender Western Judicial Circuit), Athens, for appellant.
    for defendant: Gerald Henderson, (Gwinnett County District Attorney), Lawrenceville, Deborah Gonzalez, Paige Otwell, (Office of the District Attorney for the Western Judicial Circuit), Athens, for appellee.

    Case Number: A23A0358

    Court affirms separate convictions for aggravated assault and aggravated battery because evidence showed a deliberate interval between separate acts

  • The State v. Harnett

    Publication Date: 2023-05-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Flynn Broady, Linda Dunikoski, James Williamson, (Cobb County District Attorney’s Office), Marietta, for appellant.
    for defendant: Bert Cohen, (Attorney at Law), Marietta, for appellee.

    Case Number: A23A0265

    Court vacates judgment excluding level-of-certainty evidence and remands for application of the Rule 403 balancing test

  • Lewis v. Fidelity National Title Insurance Company

    Publication Date: 2023-05-11
    Practice Area: Public Records | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Torriel Lewis, Alpharetta, for appellant.
    for defendant: Andrew Bickwit, Lawrence Kelly, (Fidelity National Law Group), Atlanta, for appellee.

    Case Number: A23A0030

    Court affirms summary judgment in favor of title insurer on a fraud claim against an individual who falsely represented to be the owner-of-record of a parcel of real estate

  • Walsh v. Bowen

    Publication Date: 2023-04-19
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Christopher Cohilas, Christopher Foreman, (Watson Spence LLP), Albany, for appellant.
    for defendant: John Moorhead, Samuel Lowe, (Moorhead Law Firm, LLC), Albany, William Moorhead, (Attorney at Law), Albany, for appellee.

    Case Number: A22A1590

    Court reverses summary judgment due to questions of fact over whether decedent renounced his dominion over funds that executor wanted to keep in his estate

  • The State v. Wood et al.

    Publication Date: 2023-04-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Robert Peterkin, (Assistant District Attorney Meriwether County Courthouse), Greenville, John Cranford, Nathan Stewart, (Coweta County District Attorney’s Office), Newnan, for appellant.
    for defendant: Matthew Nestrud, (Coweta Circuit Public Defender’s Office), Franklin, Darrell Donaldson, (The Pilgrim Law Group), Villa Rica, Alexandra Reynolds, (Office of the Public Defender Coweta Judicial Circuit), Carrollton, for appellee.

    Case Number: A22A1453

    Court affirms suppression order over controlled substance evidence seized by officers who prolonged an investigation absent exigent circumstances