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  • Donaldson v. State

    Publication Date: 2002-08-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Timothy J. Crouch, Rome, for appellant.
    for defendant: Bryant G. Speed II, District Attorney, Fred R. Simpson, Acting District Attorney, Leigh E. Patterson, Assistant District Attorney, and Jason A. Lewis Floyd County Superior Court, Rome, for appellee.
    Case Number: A02A0845

    The victim's statement to police and her trial testimony authorized the jury to find that the defendant penetrated her vagina with his finge

  • Ladow v. State

    Publication Date: 2002-08-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: George H. Law III Whitmer & Law, Gainesville, for appellant.
    for defendant: Leslie C. Abernathy, Solicitor, and Jason R. Samuels Forsyth County Solicitor General's Office, Cumming, for appellee.
    Case Number: A02A0635

    The DUI defendant's statement that "I want a blood " made during the reading of the implied consent notice, sufficiently articulated her desire to have an additional, independent

  • Irwin County v. Owens

    Publication Date: 2002-08-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Warren L. Mixon Mixon & Mixon, Ocilla, for appellant.
    for defendant: Glenn Whitley Reinhardt, Whitley & Wilmot, Tifton, for appellee.
    Case Number: A02A0592

    In an action concerning the county's construction of a wide road across the plaintiff's property without her permission, no evidence supported the county's claim of ownership under theories of impli

  • Tittle v. Corso

    Publication Date: 2002-08-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Larry E. Stewart, Lawrenceville, for appellant.
    for defendant: . Kristina H. Blum Gwinnett County Law Dep't, Lawrenceville, for appellees.
    Case Number: A02A0828

    A deputy sheriff's actions in slamming one plaintiff's head against the hood of a patrol car did not rise to the level of actual malice sufficient to penetrate official imm

  • Woodard v. State

    Publication Date: 2002-07-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Deborah F. Weiss Chandler & Britt LLC, Buford, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A02A0420

    The trial court erred in admitting the custodial statement made by the defendant without consulting his appointed counsel because he was assumed to have invoked his right to counsel and did not init

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  • Susman v. State

    Publication Date: 2002-07-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Brian M. House, Ringgold, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, Lafayette, for appellee.
    Case Number: A02A0719

    The equal access rule was inapplicable because defendant's possession of the car was not the only evidence of his possession of the contraband found

  • Capes v. Dollar General Corp.

    Publication Date: 2002-07-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jack F. Witcher, Bremen, for appellant.
    for defendant: Harold S. White Jr. Greene, Buckley, Jones & McQueen, Atlanta, for appellees.
    Case Number: A02A1571

    Plaintiff chose to expose herself to a known hazard when she stepped over a box in the aisle of defendant's

  • Morrison v. J. H. Harvey Co. Inc.

    Publication Date: 2002-07-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Walter D. Adams, Brunswick, for appellant.
    for defendant: Robert M. Clyatt Clyatt & Clyatt PC, Valdosta, for appellee.
    Case Number: A02A0421

    Discovery responses constitute testimony for purposes of the self-contradictory testimony

  • Happoldt v. Kutscher

    Publication Date: 2002-07-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Linwood R. Lovett, Bridgette M. Cooper and Paul R. Ayerbe Lovett, Cowart & Ayerbe, Macon, for appellant.
    for defendant: Donald J. Grate and Tracey K. Dewrell Misner, Scott & Grate, Atlanta, for appellee.
    Case Number: A02A0740; A02A0741

    Although a county subdivision review officer breached certain ministerial duties, there was no causal relationship between the breach of those duties and the road conditions alleged to have caused t

  • State v. Lyons

    Publication Date: 2002-07-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Patrick H. Head, District Attorney, Dana J. Norman, Frances D. Hakes and Eleanor A. Kornahrens, Assistant District Attorneys, Marietta, for appellant.
    for defendant: Scott P. Semrau, Marietta, for appellees.
    Case Number: A02A0513

    The defendants' alleged sexual offenses against a 13-year-old female did not constitute rape as defined by O.C.G.A. § 16-6-1 a 2 which addresses carnal knowledge of a female who is less than 10 year