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  • Forsh v. Williams

    Publication Date: 2013-04-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jack Clay, Douglasville, for appellant.
    for defendant: . Brian McCarthy, Atlanta, for appellees.
    Case Number: A12A2248

    It was possible for ppellant to introduce evidence showing that ppellee, as an out-of-possession landlord, failed to make repairs on the subject property, and that such failures resulted i

  • State v. Wofford

    Publication Date: 2013-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Daniel Porter, District Attorney, and Frances Anderson, Assistant District Attorney, Lawrenceville, for appellant.
    for defendant: Kenneth Gordon, LaGrange, for appellee.
    Case Number: A12A2296

    Trial counsel was not deficient for failing to call two witnesses for impeachment purposes in the defendant's trial for aggravated child molestation and child molestation, since the defendant failed

  • Riddick v. State

    Publication Date: 2013-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thomas Robinson Robinson & Associates, Snellville, for appellant.
    for defendant: Tracy Lawson, District Attorney, and Elizabeth Baker, Deputy Chief Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A12A2133

    The victim's prior written statement to police detailing her father's molestation was admissible for impeachment purposes and also as substantive evi

  • Smith v. State

    Publication Date: 2013-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Clarissa Burnett, Tucker, for appellant.
    for defendant: James Smith, District Attorney, Jefferson, for appellee.
    Case Number: A12A1726

    The evidence, consisting mainly of the victim's testimony, was sufficient to support the defendant's convictions for aggravated child molestation, child molestation and first degree cruelty to chi

  • Hall v. State

    Publication Date: 2013-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Kristin Patten, Trenton, for appellant.
    for defendant: Leigh Patterson, District Attorney, and Emily Johnson District Attorney's Office, Rome, for appellee.
    Case Number: A12A2546

    The trial court did not abuse its discretion in a child molestation trial when it excluded as irrelevant evidence of a child victim's alleged prior sexual involvement with another indiv

  • Law Journal Press | Digital Book

    Texas Legal Malpractice & Lawyer Discipline 2024

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • Mecca Constr. Inc. v. Maestro Invs. LLC

    Publication Date: 2013-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James Altman, Atlanta, for appellant.
    for defendant: . Jason Doss The Doss Firm LLC, Marietta, for appellees.
    Case Number: A12A2326

    The defendants' explanation for the delay in filing their answer—confusion as to when it was due—did not constitute excusable neglect as a matter o

  • Coghlan v. State

    Publication Date: 2013-01-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William Head, Atlanta, and Ashleigh Merchant The Merchant Law Firm PC, Marietta, for appellant.
    for defendant: Carmen Smith, Solicitor General, and R. Leon Benham, Assistant Solicitor General, Atlanta, for appellee.
    Case Number: A12A2388

    The trial court did not improperly permit the State to make a golden rule argument when the prosecutor emphasized to the jury its responsibility to enforce th

  • Barnes v. State

    Publication Date: 2013-01-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Long Vo Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Layla Zon, District Attorney, Covington, and Anne Kurtz Medicaid Fraud Control Unit, Atlanta, for appellee.
    Case Number: A12A1846

    The trial court improperly convicted and sentenced the defendant for two firearm possession counts, although there were two firearms, because there was only one v

  • Nagata v. State

    Publication Date: 2013-01-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert Chestney The Chestney Law Firm, Atlanta, for appellant.
    for defendant: Carmen Smith, Solicitor General, and R. Leon Benham, Assistant Solicitor General, Atlanta, for appellee.
    Case Number: A12A1957

    The arresting officer's failure to designate which of the defendant's particular bodily substances would be tested during the state-administered DUI test was not grounds for evidence suppression, si

  • Royal v. State

    Publication Date: 2012-12-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Kevin Armstrong, Assistant Public Defender, Albany, for appellant.
    for defendant: Gregory Edwards, District Attorney, Melinda Wynne District Attorney's Office, Albany, for appellee.
    Case Number: A12A1998

    Evidence of similar transactions in which the defendant engaged in inappropriate sexual conduct with two minor children, including his own daughter, was admissible to show his motive, intent, bent o