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  • Christopher v. State

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Matthew T. Dale Public Defender's Office, Tifton, for appellant.
    for defendant: Denise D. Fachini, District Attorney, and Henry O. Jones III, Assistant District Attorney, Cordele, for appellee.
    Case Number: A11A2421

    The defendant could not show prejudice from any deficiency in his trial counsel's performance because the defendant admitted that he was at the scene of the shooting and fired his gun, and four eyew

  • DB50 2007-1 Trust v. Dixon

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Kyle S. Kotake Morris, Schneider & Prior LLC, Atlanta, for appellant.
    for defendant: . James E. Carter Hurt, Stolz & Cromwell LLC, Athens, and Peter J. Rice Jr., Greensboro, for appellee.
    Case Number: A11A1726

    The trial court lacked jurisdiction to enter a permanent injunction after the defendants filed a notice of removal to federal district court and before the district court remanded the

  • Piedmont Healthcare Inc. v. Kowal

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Seslee S. Mattson Morris, Manning & Martin LLP, Atlanta, and Thomas T. Tate Andersen, Tate & Carr PC, Duluth, for appellant.
    for defendant: . Hunter S. Allen Jr. and Gary R. McCain Allen McCain & O'Mahony PC, for appellee.
    Case Number: A11A2137

    The trial court abused its discretion in granting an injunction based on its erroneous legal interpretation that, absent an appeal by either party, the hospital's Board of Directors acquiesced in an

  • Jenkins v. Wachovia Bank NA

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James W. Kytle, Atlanta, David Humphreys and Paul Catalano Humphreys Wallace Humphreys PC, Tulsa, Okla., for appellant.
    for defendant: Robert R. Ambler Jr. and John G. Perry Womble, Carlyle, Sandridge & Rice PLLC, Atlanta, for appellees.
    Case Number: A11A2053

    The plaintiff's complaint set for claim for negligence and negligence per se based on a teller's actions in improperly accessing the plaintiff's confidential inform

  • State v. Sauls

    Publication Date: 2012-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Brian K. Fortner, Solicitor General, and Sherrill Britt, Douglasville, for appellant.
    for defendant: Allen M. Trapp Jr., Carrollton, for appellee.
    Case Number: A11A1859

    Due process does not require an arre officer to inform the driver of all the consequences of refusing to submit to chemical te

  • State v. Mincher

    Publication Date: 2012-02-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Robert E. Brooks Jr., District Attorney, Cedartown, for appellant.
    for defendant: Allen M. Trapp Jr., Carrollton, for appellee.
    Case Number: A11A1906

    The trial court properly granted the defendant's motion to suppress evidence garnered as a result of a traffic stop for making an illegal right turn, as the stop was unreasonable and not based on th

  • Miller v. State

    Publication Date: 2012-01-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Rodney A. Williams, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Otobong O. Ukpong, Decatur, for appellee.
    Case Number: A11A2379

    Despite the more than 2-year delay, the defendant suffered no pretr carceration, experienced no undue anxiety or concern and could use a missing witness's cumulative testimony from his first t

  • Sevostiyanova v. State

    Publication Date: 2012-01-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A11A1864; A11A1865

    The trial court did not err in failing to give the defendant's requested charge on the affirmative defense of accident, as she repeatedly denied striking the unattended vehicles in the parkin

  • Martin v. State

    Publication Date: 2011-12-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant. Brian K. Fortner, Solicitor General, and Sherrill N. Britt, Douglasville, for appellee.
    for defendant:
    Case Number: A11A1922

    The testimony of the chief deputy sheriff and two field officers established that the roadblock that led to the defendant's arrest was implemented in accordance with applicabl

  • American Management Services East LLC v. Fort Benning Family Communities LLC

    Publication Date: 2011-12-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Marcus B. Calhoun Jr. Page Scranton Sprouse Tucker & Ford, Columbus, Michael J. King Greenberg Traurig LLP, Atlanta, and Thomas E. Dutton Greenberg Traurig LLP, Chicago, Ill., for appellants. Jerry A. Buchanan, Lori M. Leonardo Buchanan & Land, Columbus, Jeffrey L. William, Donna M. Welch, and Daniel C. Moore Kirkland & Ellis LLP, Chicago, Ill., for appellees.
    for defendant:
    Case Number: A11A0855

    The trial court did not abuse its discretion in enjoining the defendants from pursuing a Virginia declaratory action suit, where eight of the nine Virginia claims either directly overlapped or indir