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  • Haji v. State

    Publication Date: 2015-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Marsha Mignott The Mignott Law Group LLC, Tucker, for appellant.
    for defendant: Scott Ballard, District Attorney, Griffin, and Robert Smith, Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A14A2347

    Although the trial court did not specify the basis for revoking the defendant's probation in its written order, the transcript of the hearing, where the judge expressly found that the defendant viol

  • McClattie v. Kowal

    Publication Date: 2015-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Allen Johnson, Augusta, for appellant.
    for defendant: Debra Bryan Bryan Law Office, and Barbara Claridge Claridge Law Firm, Augusta, for appellees.
    Case Number: A14A2122

    The trial court properly granted the defendants in a neighbor dispute a directed verdict on the plaintiff's claims regarding the location of their driveway and the placement of their trash

  • Honester v. State

    Publication Date: 2014-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James Bonner and Tyler Conklin Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Rebecca Wright, District Attorney, and Madonna Little, Assistant District Attorney, Augusta, for appellee.
    Case Number: A14A1395

    The trial court improperly denied the defendant's motion for a new trial on the ground of ineffective assistance of counsel, since there was a reasonable probability that the defendant's trial outco

  • Georgia River Network v. Turner

    Publication Date: 2014-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A0215; A14A0272; A14A0273; A14A0274

    A buffer variance was improperly issued to a County's board of commissioners allowing the County to encroach upon the 25-foot vegetative buffer the Erosion and Sedimentation Act requires in order to

  • Kilgore v. State

    Publication Date: 2014-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Roger Curry, Marietta, for appellant.
    for defendant: Jana Allen District Attorney's Office, Cartersville, for appellee.
    Case Number: A13A1954

    The evidence in the record was sufficient for the jury to conclude that the defendant possessed methamphetamine with the intent to distribu

  • Allen v. State

    Publication Date: 2013-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Lauren Shubow, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Arthur C. Walton, Assistant District Attorney, and Edward Tarver District Attorney's Office, Atlanta, for appellee.
    Case Number: A13A1051

    The BOLO broadcast that led police to stop the car in which the defendant was a passenger was too vague to establish reasonable susp

  • Radio Perry Inc. v. Cox Commc'n Inc.

    Publication Date: 2013-08-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: G. Grant Greenwood and Thomas James James, Bates, Pope & Spivey, Macon, for appellant.
    for defendant: Thomas Clyde Dow Lohnes, Atlanta, and Robert Gunn Martin, Snow, Grant & Napier, Macon, for appellee.
    Case Number: A13A0399

    In this dispute over whether a cable company was required to continue to carry a local commercial television station, it was possible for the plaintiff to introduce evidence within the framework of

  • Rudison v. State

    Publication Date: 2013-06-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: David Walker, Decatur, for appellant.
    for defendant: Robert James, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for appellee.
    Case Number: A13A0510

    The trial court did not err in instructing the jury to continue deliberations after being informed that the jurors could not reach an agreement, as the failure to reiterate that a juror should not s

  • Thomas v. The Emory Clinic Inc.

    Publication Date: 2013-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Vincent Lauria, Atlanta, and Charles Cork, Macon, for appellant.
    for defendant: Benjamin Ladner, Melanie Taylor, and Brian Trulock Bendin Sumrall & Ladner LLC, for appellee.
    Case Number: A12A2337

    The admission of hearsay deposition testimony from the doctor who removed the medical malpractice plaintiff's lesion was harmful, since it related to the core issue about which evidence was conflic

  • Wellstar Health Sys. Inc. v. Sutton; Bauer v. Sutton

    Publication Date: 2012-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A1426; A121427

    The trial court did not err in denying the defendant hospital's motion to set aside the mistrial and enter judgment on the jury's decision, since the jury did not return a verdict upon which to ente