• Holmes v. Peebles

    Publication Date: 2001-09-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Kenneth R. Holmes and Sarah E. Holmes, Lithonia, proceeded pro se. Damon E. Elmore and Michael J. Gorby Gorby, Reeves, Peters & Burns PC, Atlanta, for appellee.
    for defendant:

    Case Number: A01A1965

    Plaintiffs lost their underlying individual claims because the trial court lacked jurisdiction to examine the validity of the defending church's expulsion of its members, not because of their attorn

  • Mintah v. Arms

    Publication Date: 2001-09-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Louise C. Mintah and Emanuel Mintah, Peachtree City, proceeded pro se. Joseph M. Murphy Crim & Bassler, Atlanta, for appellee.
    for defendant:

    Case Number: A01A0842

    The trial court properly excluded defendant's citations and convictions for following too closely and driving without a license because she pled not guilty to both off

  • Tillman v. State

    Publication Date: 2001-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jennifer F. Snyder-Surges, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Elisabeth G. Macnamara and Robert M. Coker, Assistant District Attorneys, Decatur, for appellee.

    Case Number: A01A2115

    Defendant failed to show prejudice from his joint trial on drug trafficking charges arising out of cocaine found in a hotel room to which he and his co-defendant had

  • Brown v. State

    Publication Date: 2001-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and Elisha W. Jernigan Jr., Assistant District Attorney, Columbus, for appellee.

    Case Number: A01A1863

    The trial court's slip of the tongue in charging the jury on armed robbery did not contribute to the verdict, given the trial court's instruction as a whole on the state's burden of proving the crim

  • McFadden v. State

    Publication Date: 2001-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Michael A. Corbin, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Forest L. Miles, Assistant District Attorney, Dalton, for appellee.

    Case Number: A01A1653

    The officer did not impermissibly hold out a hope of benefit when he told defendant that he would notify the district attorney's office if she coope

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  • Douglas v. Seidl

    Publication Date: 2001-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Orin L. Alexis, Savannah, for appellant.
    for defendant: Ryburn C. Ratterree and Tracy O'Connell Ellis, Painter, Ratterree & Bart LLP, Savannah, for appellee.

    Case Number: A01A1582

    The trial court properly dismissed the plaintiff's injury suit because he failed to exercise the greatest possible due diligence in serving the defendant outside of the statute of limitation after h

  • Ingram v. Edwards

    Publication Date: 2001-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Stephen F. Mackie, Atlanta, for appellant.
    for defendant: . Andrew Y. Coffman, Atlanta, and Larry A. Pankey Miles, McGoff & Moore LLC, Cumming, for appellee.

    Case Number: A01A2029

    Evidence that an off-duty police officer had previously displayed his handgun in a threatening manner was admissible to impeach his testimony that he did not draw his weapon at the time in que

  • Swain v. State

    Publication Date: 2001-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William C. Head, Atlanta, for appellant.
    for defendant: Gwendolyn R. Keyes, Solicitor General, and Frank M. Gaither Jr. The Gaither Law Group LLC, Decatur, for appellee.

    Case Number: A01A1018

    The trial court was not bound by the ALJ's decision during defendant's license suspension hearing that she did not refuse to submit to chemical te

  • Townsend v. State

    Publication Date: 2001-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert H. Suttles, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Staci L. Guest, Assistant District Attorney, Jonesboro, for appellee.

    Case Number: A01A1307

    Defendant's ac in accelerating a stolen car toward the officers who were investigating a report of suspicious activity supported his convic

  • Stanford v. State

    Publication Date: 2001-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Timothy C. Cramer Cramer & Peavy, Griffin, for appellant.
    for defendant: William T. McBroom III, District Attorney, and Robert H. English, Assistant District Attorney, Griffin, for appellee.

    Case Number: A01A1239

    Where the state served defendant's appointed counsel with notice of its intent to seek recidivist sentencing, the state was not required to serve defendant's subsequently retained counsel with an ad