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  • Anderson v. State

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ricky W. Morris and Joseph S. Key Sexton & Morris, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Staci L. Guest, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A02A0545

    The facts within ficer's knowledge at the time of defendant's arrest authorized him to believe that defendant had committed a crime, even though those facts were based on erroneous information

  • Toney v. State

    Publication Date: 2002-01-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Clark C. Adams Jr., Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and Alonza Whitaker, Assistant District Attorney, Columbus, for appellee.
    Case Number: A01A1676

    The witness's in-court identification of defendant was admissible where the witness had an excellent opportunity to view defendant around the time of the crimes and the witness recognized defendant

  • Smith v. Jackson Elec. Membership Corp.

    Publication Date: 2002-01-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Daniel MacDougald III Butler & MacDougald PC, Atlanta, for appellant.
    for defendant: . Earl W. Gunn, Sue K. Nichols and Christopher H. Smith Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, for appellees. Other party representation: John W. Campbell and Sharon L. Neal Swift, Currie, McGhee & Hiers, Atlanta.
    Case Number: A01A2324

    A utility protection center and electric membership corporation were not insulated from liability in a wrongful death suit based on the general contractor's failure to notify the UPC of a delay in c

  • Franklin v. Franklin

    Publication Date: 2002-01-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Adam R. Gaslowitz and Duane D. Pritchett Adam R. Gaslowitz & Assoc., Atlanta, for appellant.
    for defendant: Divida Gude, Atlanta, for appellee.
    Case Number: A02A0226

    The jury was entitled to believe witnesses who denied that the decedent held himself out as having been married to the defe

  • State v. Whitlow

    Publication Date: 2002-01-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James D. McDade, District Attorney, and James E. Barker, Assistant District Attorney, Douglasville, for appellant.
    for defendant: Christopher L. Walker Wade, Walker & Assoc., Marietta, Alison S. Kubiak, Douglas County Public Defender, Douglasville, and Lee W. Fitzpatrick, Canton, for appellees.
    Case Number: A02A0298

    The officer lacked probable cause to detain defendants and call in a drug detection dog after the defendants refused to consent to a search of their rental car following a routine traffic

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  • Warren v. State

    Publication Date: 2002-01-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Hugh O. Morris Jr., Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, and Jennifer A. Green, Assistant District Attorney, Albany, for appellee.
    Case Number: A02A0143

    Evidence that the defendant shot his stepdaughter and niece with a handgun and attempted to shoot his wife and another niece supported his convictions for four counts of aggravated as

  • Rayfield v. Farris

    Publication Date: 2002-01-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Steven W. Kreitzer and John W. Davis Jr. Davis & Kreitzer, Rossville, for appellant.
    for defendant: Warren N. Coppedge Jr. Coppedge & Leman PC, Dalton, for appellee.
    Case Number: A02A0013

    A jury charge on sudden emergency was not warranted where the evidence showed that defendant had no choice but to hit the vehicle in front of her when her brakes f

  • Dockery v. State

    Publication Date: 2002-01-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Eric R. Gotwalt Zipperer & Lorberbaum PC, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Christine S. Barker, Assistant District Attorney, Savannah, for appellee.
    Case Number: A02A0479

    The state met its burden of proving through the record that defendant's guilty plea to armed robbery and a firearms offense was knowing and volu

  • Price v. State

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Gregory S. Dickson, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Lance T. McCoy, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A01A2090

    The jury was authorized to disbelieve the defendant's testimony that he shot the victim in self-defense after the victim ran towards him brandishing a gun since the evidence also showed that the vic

  • Keller v. State

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jamie S. Wingler and Thomas J. Thomas, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amelia G. Pray and W. Thomas Weathers III, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A01A0926; A01A0927

    Defendant's void motion for a new trial did not toll the 30-day limit for filing a notice of appeal from his conviction and sen