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Publication Date: 2013-05-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Douglas Fox Fox Firm PC, Lawrenceville, for appellant.
for defendant: Daniel Porter, District Attorney, Teresa Klein, and Jennifer Hendee District Attorney's Office, Lawrenceville, for appellee.
Case Number: A13A0464
The evidence that the defendant attempted to cash a $2.1K check from an account belonging to an individual that she did not know and did not have prior dealings with, and that she claimed the check
Publication Date: 2013-05-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Catherine Bernard, Dublin, for appellant.
for defendant: Louie Fraser, District Attorney, and Leslie Ray, Assistant District Attorney, Dublin, for appellee.
Case Number: A13A0035
The trial court properly denied the defendant's motion to suppress marijuana police found in his vehicle during a police roadblock, as the roadblock was lawful since a driver's license check is a le
Publication Date: 2013-04-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Laila Kelly, Public Defender, and Gerard Kleinrock Public Defender's Office, Decatur, for appellant.
for defendant: Robert James, District Attorney, and Leslie Miller-Terry, Senior Assistant District Attorney, Decatur, for appellee.
Case Number: A13A0394
The defendant could not directly appeal the denial of his motion to dismiss his indictment based on an alleged violation of his speedy trial
Publication Date: 2013-04-15
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Justin Grubbs Grubbs Law Firm LLC, Griffin, for appellant.
for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Penny Hannah, Assistant Attorney General, Atlanta, and James Hunnicutt Hunnicutt & Taylor PC, Newnan, for appellee. Other party representation: Paisley Newsome, LaGrange.
Case Number: A12A2088
The evidence was insufficient to support the termination of the mother's parental r
Publication Date: 2013-04-11
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
for defendant: Robert James, District Attorney, and Deborah Wellborn, Assistant District Attorney, Decatur, for appellee.
Case Number: A12A1906
The State failed to carry its burden of proving beyond a reasonable doubt that juror misconduct involving the introduction of extra-judicial information did not prejudice the defe
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Publication Date: 2013-04-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Rosanna Szabo, Solicitor General, and Gary Vey, Assistant Solicitor General, Lawrenceville, for appellant.
for defendant: James Sullivan Chestney Law Firm, Atlanta, for appellee.
Case Number: A12A2445
The trial court improperly excluded the results of the out-of-state defendant's Intoxilyzer breath test, since the officer read the correct implied consent notice, which notified the driver that sh
Publication Date: 2013-04-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Rosanna Szabo, Solicitor General, Gary Vey, Assistant Solicitor General, and Michael DiOrio Solicitor General's Office, Lawrenceville, for appellant.
for defendant: Barry Zimmerman Zimmerman & Associates, Norcross, for appellee.
Case Number: A12A2454
The trial court erred in excluding the defe s Intoxilyzer breath test results, since the officer read the appropriate implied consent warning to the defe
Publication Date: 2013-04-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Jason Wright and John Vitale Morris, Manning & Martin LLP, Atlanta, for appellant.
for defendant: Cheryl Ringer and Shalanda Miller Fulton County Attorney's Office, Atlanta, for appellee.
Case Number: A12A2535
A church's income-producing parking lot did not qualify for an exemption from ad valorem property taxation, as the property was rented, leased, or otherwise used for the primary purpose of securing
Publication Date: 2013-04-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Vivian Uchitel and Andrew Hagenbush Simpson Law Offices LLP, Atlanta, for appellant.
for defendant: Elizabeth Pope The Pope Law Firm PC, Covington, for appellee.
Case Number: A12A2265
The trial court erred in granting the garnishee's motion to set aside a default judgment because the garnishee failed to show a nonamendable defect appearing on the face of the r
Publication Date: 2013-04-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Richard Darden The Darden Law Firm, Savannah, for appellant.
for defendant: Larry Chisolm, Margaret Heap, District Attorneys, and Frank Pennington, Assistant District Attorney, Savannah, for appellee.
Case Number: A12A2250
Defense counsel was not deficient for failing to communicate information to the defendant regarding the State's plea offer, since the record showed that the plea offer was presented to the defendant
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