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  • 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

  • Lynn v. The State

    Publication Date: 2018-05-07
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Donald Samuel (Garland Samuel & Loeb PC), Atlanta, for appellant.
    for defendant: Michael Mahoney (Office of the District Attorney, Bell-Forsyth Judicial Circuit), Cumming, for appellee.
    Case Number: A17A2117

    The trial court reversibly erred in excluding certain testimony as hearsay, because the evidence was not hearsay, as it was not offered to prove the truth of the matter asserted but rather to show its effect on defendant's state of mind and its impact on his later actions; the evidence was relevant; and it was not cumulative of other admitted evidence.

  • Kimbrough et al. v. The State

    Publication Date: 2017-12-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Amanda Clark Palmer (Garland, Samuel & Loeb PC), Atlanta; Janice Singer-Capek (Attorney at Law), Atlanta, for appellant.
    for defendant: Stephen Fern (Assistant District Attorney Gwinnett Justice and Administration Center), Lawrenceville; Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.
    Case Number: A15A1738

    The trial court erred in denying defendants' special demurrers seeking more detail about their alleged violations of the Georgia Racketeer Influenced Corrupt Organizations Act, because the indictment did not give defendants enough information about the charges to "prepare [their] defense intelligently."