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  • Peterson v. State

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert L. Mack Jr., Jonesboro, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Anne G. Maseth and Barbara B. Conroy, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A01A2303

    Defendant's firearms conviction could not stand because the circumstantial evidence did not exclude the possibility that the seized guns belonged to o

  • Southland Owners Assoc. Inc. v. Myles

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Derick W. Johanson Weissman, Nowack, Curry & Wilco, PC, Atlanta, for appellant.
    for defendant: Richard G. Harwell Sr., Decatur, for appellee.
    Case Number: A01A1201

    Defendant produced uncontradicted prima facie evidence in support of his defense that plaintiff's denial of his request for approval of a second driveway was unfair, arbitrary and capri

  • Collis v. State

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Donald C. Evans Jr., Cartersville, for Collis. P. Cole Law, Cartersville, for Hyde. Thomas J. Campbell, District Attorney, and Rebecca B. Paris, Assistant District Attorney, Calhoun, for appellee.
    for defendant:
    Case Number: A01A1715; A01A1716; A01A1717

    The indictment charging defendants with taking a UPS vehicle from the immediate presence of the victim sufficiently put them on notice that the property take was that of an

  • Hot Shot Express Inc. v. ASSICURAZIONI Generali SPA

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William E. Gray II Gray, Hedrick & Edenfield, Atlanta, for appellant.
    for defendant: Ronald R. Coleman Jr., Jennifer S. Friedman Dennis, Corey & Porter LLP, Thomas W. Curvin and Elizabeth V. Tanis Sutherland, Asbill & Brennan, Atlanta, for appellees.
    Case Number: A01A1331

    The trial court correctly determined that the driver of a leased tractor trailer was working in plaintiff's trucking business at the time of the accident since he was en route to plaintiff's termina

  • Gray v. State

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Mark D. Brimberry, Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, and Sadhana Pandey, Assistant District Attorney, Albany, for appellee.
    Case Number: A01A2159

    Under the totality of the circumstances, the officers had reasonable suspicion to detain defendant for a few minutes while they waited for a drug dog to a

  • Law Journal Press | Digital Book

    Doing Business on the Internet: Forms and Analysis

    Authors: Julian S. Millstein, Jeffrey D. Neuburger, Jeffrey P. Weingart

    View this Book

    View more book results for the query "*"

  • Jones v. State

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A01A1036

    The trial court's charge that the jury could find convict defendant based on an "honest belief" in guilt effectively and improperly authorize the jurors to convict based upon the lesser preponderanc

  • Nulite Indus. Co. LLC v. Horne

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thomas R. Taggart, Savannah, for appellant.
    for defendant: George L. Lewis Spiva, Lewis, Owens & Mulherin, Savannah, for appellee.
    Case Number: A01A0951

    A 1-year non-limited warranty did not reduce the 6-year limitation for breach of warranty claims where the undisputed evidence showed that the defects in question occurred during the warranty

  • Nation v. State

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James C. Wyatt, Rome, for appellant.
    for defendant: Tambra P. Colston, District Attorney, and Charles S. Cox, Assistant District Attorney, Rome, for appellee.
    Case Number: A01A1409

    Defendant had no expectation of privacy while seated with his co-defendant in a patrol car so the trial court properly admitted the tape of their conversation during that

  • Bowen v. State

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Lee Sexton, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Jay M. Jackson, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A01A1620

    The court improperly limited defendant's cross-examination of the victim about her financial interest in the outcome of his

  • Ochoa v. State

    Publication Date: 2001-11-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Barry E. Billington, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Frances D. Hakes and Amy H. McChesney, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A01A2511

    Evidence that defendant sexually molested his 7-year-old niece supported his conviction, even though she recanted her allegations at