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  • Worsham v. State

    Publication Date: 2001-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Lee Sexton Lee Sexton & Assocs. PC, Jonesboro, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, James L. Wright III and Sandra A. Graves, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A01A2327

    Although the arresting officer followed defendant's truck under the mistaken belief that his registration had expired, he was authorized to initiate a traffic stop after observing defendant violate

  • Rockefeller v. Kaiser Found. Health Plan of Ga.

    Publication Date: 2001-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Matthew F. McGahren Baum & McGahren LLC, Norcross, Neal H. Howard, Joann B. Williams, William D. James and Debra S. Robinson Neal H. Howard & Assocs., Atlanta, for appellant.
    for defendant: Jonathan C. Peters and Jason B. Branch Love & Willingham, Atlanta, for appellees.
    Case Number: A01A1808

    Plaintiff was entitled to partial summary judgment on the issue of whether defendants were negligent per se for violating the Physician's Assistan

  • Mathis v. State

    Publication Date: 2001-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William A. Maddox, Gainesville, for appellant.
    for defendant: Lydia J. Sartain, District Attorney, and Lindsay H. Messick Hall County District Attorney's Office, Gainesville, for appellee.
    Case Number: A01A1986

    The trial court did not abuse its discretion in exclusing an out-of-court statement by an unavailable wi because the defense failed to act diligently in finding the wi

  • Epps v. State

    Publication Date: 2001-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Richard O. Allen, Atlanta, for Epps. Page A. Pate, Atlanta, for Angulo. Bernard S. Brody, Atlanta, for Brayboy. J. Tom Morgan III, District Attorney, Barbara B. Conroy and Andrette Watson, Assistant District Attorneys, Decatur, for appellee.
    for defendant:
    Case Number: A01A2007; A01A2015; A01A2016

    Defendants convictions for cocaine trafficking could not stand because the police arrested defendants before they acquired possession of the

  • Ayers v. State

    Publication Date: 2001-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William S. Callahan, Atlanta, for appellant.
    for defendant: William T. McBroom III, District Attorney, Fayetteville, and Mark M. Irvin, Assistant District Attorney, Thomaston, for appellee.
    Case Number: A01A2187

    Evidence that defendant was dr a stolen Corvette which he registered by submitting an application containing fraudulent information supported his conviction for theft by rece

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    Infobeans cogito test

    Authors: Stephen Fishman

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  • Umbehaum v. State

    Publication Date: 2001-09-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Patrick Umbehaum, Carson City, Nev., proceeded pro se. Patrick H. Head, District Attorney, Amelia G. Pray, Dana J. Norman and Irvan A. Pearlberg, Assistant District Attorneys, Marietta, for appellee.
    for defendant:
    Case Number: A01A1211

    Defendant waived his right to appeal on speedy trial grounds by pleading guilty to ro

  • Motani v. Wallace Enters. Inc.

    Publication Date: 2001-09-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Furman Smith Jr. Smith, White, Sharma & Halpern, Atlanta, for appellant.
    for defendant: . Steven M Mills, David C. Moss and Paul J. Dzikowski, Lawrenceville, for appellee.
    Case Number: A01A1179

    The trial court erred in striking defendants' answer in the absence of evidence that they willfully failed to comply with a discovery

  • Brown v. State

    Publication Date: 2001-09-14
    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 Kay A. Wetherington, Assistant District Attorney, Rome, for appellee.
    Case Number: A01A1574

    Defendant orally sodomized his 6-year-old

  • Graham v. State

    Publication Date: 2001-09-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Maria M. Ashley, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker, and Andrette Watson, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A01A1945

    With regard to defendant's first conviction for felony theft by receiving, the evidence was not sufficient to show that defendant pawned property worth more than $500.

  • Harvey v. Lindsey

    Publication Date: 2001-09-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Joseph I. Carter, Tifton, for appellant.
    for defendant: . Joseph B. Gray Jr. Simpson & Gray, Tifton, for appellee.
    Case Number: A01A1236

    The trial court did not impermissibly modify its previous order relating to certain access easements by clarifying its order to detail the easement boundaries which were established by deed or