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  • Freeman v. State

    Publication Date: 2001-11-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Meng H. Lim, Buchanan, for appellant.
    for defendant: James R. Osborne, District Attorney, Dallas, and Carmen T. Bolden, Buchanan, for appellee.
    Case Number: A01A1456

    Testimony that defendant mentioned his parole officer during hostage negotiations did not violate O.C.G.A. § 17-8-76 because the testimony did not address the possibility of pardon, parole, or other

  • Beall v. State

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Page A. Pate, Atlanta, for appellant.
    for defendant: Fredric D. Bright, District Attorney, and Stephen A. Bradley, Assistant District Attorney, Milledgeville, for appellee.
    Case Number: A01A2433

    The trial court erred in awarding restitution as a condition of sentencing without making the necessary findings as required by O.C.G.A. § 17-

  • In the Interest of C.C.

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Elena M. Mushkin Georgia Law Center for the Homeless, Atlanta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Robert J. Grayson Edwards, Friedewald & Grayson, Marietta, for appellee. Other party representation: Catherine C. Vandenberg Cobb County Legal Aid, Marietta.
    Case Number: A01A1264

    The juvenile court based its determination of parental misconduct on a previous deprivation order which was reversed for lack of clear and convincing evi

  • In re Holloway

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Gregory D. Golden and Lawrence D. Kupferman Law Offices of Lawrence D. Kupferman, Atlanta, for appellant.
    for defendant: Guy V. Roberts Jr. Roberts, Roberts & Ingram, James W. Hurt James W. Hurt & Assocs., Cordele, and Sarah S. Harris, Macon, for appellee.
    Case Number: A01A2181

    The evidence supported the trial court's appointment of a third-party guardian for the petitioners' 86-year-old m

  • Anderson v. State

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Tony C. Anderson, Sparta, proceeded pro se. Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and Shawn D. McAllister, Assistant District Attorney, Atlanta, for appellee.
    for defendant:
    Case Number: A01A1117

    Defendant's motion to have his life sentence vacated and for resentencing was untimely filed after the expiration of the term of court in which he was sent

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  • Daniel v. State

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Donna L. Seagraves, Jefferson, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A01A2256

    The evidence was insufficient to show that defendant was in possession of 28 grams or more of amphetamine because the state crime lab chemist testified that the 28.8 grams of material seized during

  • Young v. Faulkner

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John T. Croley Jr., Fitzgerald, for appellant.
    for defendant: . Murphey Rogers Rogers & McGranie, Ocilla, for appellees.
    Case Number: A01A1125

    The trial court erred in granting summary judgment to the plaintiffs based solely on opinion evidence regarding their damages for the defendants' wrongful conversion of their t

  • Brown v. Walker

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: N. William Pettys Jr., Acworth, for appellant.
    for defendant: Ellen A. Cordle, Woodstock, for appellee.
    Case Number: A01A1711

    Plaintiff's claim alleging that defendant negligently failed to obtain and record a quitclaim deed was barred by the 2-year statute of limitation for actions against an attorney sounding in

  • Tidwell v. Tidwell

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Gwendolyn F. Waring, Savannah, for appellant.
    for defendant: Robert E. Falligant Jr., Savannah, for appellee.
    Case Number: A01A1606

    Plaintiff's suit against his grandmother for conversion of a automobile was barred by the applicable 4-year statute of limit

  • In the Interest of A. R. G. B.

    Publication Date: 2001-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James Gregory, Nicholls, proceeded pro se. Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Laura W. Hyman, Assistant Attorneys General, Atlanta, Sherri P. McDonald Newtton, Smith, Durden, Kaufold & Rice, and Paul K. Cook, Vidalia, for appellee.
    for defendant:
    Case Number: A01A2126

    The biological father's criminal conviction, his near continuous incarceration during the child's life and his failure to comply with reunification plans supported the termination of his parental r