X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Antonia Phillips, Sr. was convicted by a jury of the offense of obstruction of an officer OCGA § 16-10-24 b. Phillips, pro se, appeals from the denial of his motion for new trial. Before this Court, Phillips fails to set out his enumerations of errors as part two of his brief as required by Court of Appeals Rule 22 a. Neither are Phillips’ enumerations of errors clearly set out within the brief he filed. However, even though Phillips fails to enumerate clearly the errors he seeks to have reviewed, we are mindful of the duties of this Court as set out in Felix v. State ,1 “to consider the appeal where it is apparent from the notice of appeal, the record, the enumeration of errors, or any combination of the foregoing what errors are sought to be asserted upon appeal. OCGA § 5-6-48 f.” Citation and punctuation omitted. Felix v. State, supra at 538. Having done so, we find no error and affirm. Viewed in the light most favorable to the verdict,2 the evidence shows that on December 29, 2001, Swainsboro police were called to the Star Blazer Nightclub because a fight had broken out between two patrons. Emanuel County Sheriff’s Deputies were called to assist in crowd control. While at the Club, Deputy Josh Stephens noticed Phillips exit the nightclub. Deputy Stephens was aware that there were outstanding warrants for Phillips’ arrest. Deputy Stephens alerted fellow officers of this fact, gave them a description of Phillips, and stated that Phillips was walking away from the nightclub toward Deputy Stephens. Deputies Marty Mercer and Rocky Davis backed their vehicle towards Phillips. Upon observing their actions, Phillips turned around and started walking in the opposite direction. Deputy Davis pulled his vehicle beside Phillips and asked Phillips to come over to his car. Phillips began to walk away slowly. Deputy Davis exited his vehicle and ordered Phillips to stop. Phillips ran, and a chase ensued.

Officer Dennis Mason of the Swainsboro Police Department testified that, when Phillips ran from Deputies Mercer and Davis, he ran toward the area where he and Corporal Bryan Moore, also with the Swainsboro Police Department, were located. Officer Mason attempted to apprehend Phillips, but Phillips was able to avoid him. When Phillips reached Corporal Moore, Corporal Moore attempted to stop him by grabbing him around the waist. Phillips, still running, balled his fist and struck Corporal Moore in the mouth and nose with enough force to cause his nose to bleed and cause him to fall down. Police officers continued chasing Phillips twenty or thirty more feet. At this point, Deputy Stephens grabbed Phillips around the waist and forced him to the ground. Deputy Davis grabbed Phillips’ legs. Phillips continued to fight the officers, trying to free himself. Phillips hit Deputy Stephens in the throat. It took the assistance of Deputy Mercer and Officer Mason to handcuff Phillips. After being handcuffed, Phillips continued to resist officers, struggling against their efforts to get him off the ground and into the police car; once in the police car, he kicked the door of the vehicle. Held:

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›

The Forest Preserves of Cook CountyIs seeking applicants forDeputy Chief Attorney The Forest Preserves of Cook County is seeking a detail-o...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›