• Keller v. State

    Publication Date: 2001-08-24
    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 untimely motion for a new trial did not toll the 30-day limit for filing a notice of appeal from his conviction and sen

  • Walker v. State

    Publication Date: 2001-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William A. Fears, Jackson, for appellant.
    for defendant: Richard G. Milam, District Attorney, Jackson, for appellee.

    Case Number: A01A1473

    The evidence was sufficient to prove that the 67-year-old victim died of his stab wounds, even though he died three weeks after he was st

  • West v. Men's Focus Health Ctrs. of Ga. Inc.

    Publication Date: 2001-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James D. McGuire and Richard B. Crohan McGuire & Crohan PA, Atlanta, for appellant.
    for defendant: . Robert C. Martin Jr., Gregory S. Ellington Hatcher, Stubbs, Land, Hollis & Rothschild, Columbus, and Edward L. Long Jr. Willis, McKenzie & Long, LaGrange, for appellees.

    Case Number: A01A1689

    The grant of plaintiff's motion for relief from defendants' automatic bankruptcy stay validated plaintiffs' underlying medical malpractice

  • State v. Jones

    Publication Date: 2001-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Joseph J. Drolet, Solicitor General, and Shakura L. Ingram, Assistant Solicitor, Atlanta, for appellant.
    for defendant: Jackie G. Patterson and Yasma Patterson Patterson & Patterson, LaGrange, for appellee.

    Case Number: A00A2556

    The Court of Appeals reversed the grant of defendant's special demurrer to one count of an accusation which did not specify what type of visual signal the pursuing officer gave defendant to get him

  • Reattoir v. State

    Publication Date: 2001-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Sandra J. Reattoir, Varnell, proceeded pro se. Kermit N. McManus, District Attorney, and Robert H. Smalley III McCamy, Phillips, Tuggle & Fordham, Dalton, for appellee.
    for defendant:

    Case Number: A01A1159

    Defendant was precluded from raising errors that she sought to litigate in her first appeal which was dism

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  • Russau v. State

    Publication Date: 2001-08-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Darrell B. Reynolds Sr., Decatur, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Adrian Britt, Assistant District Attorney, Jonesboro, for appellee.

    Case Number: A01A0864

    The evidence, though largely circumstantial, supported defendant's conviction for theft by shopli

  • Reyes v. State

    Publication Date: 2001-08-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William B. Barnwell, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Dixon A. Lackey III, Dalton, for appellee.

    Case Number: A01A1528

    Evidence that defendant grabbed his ex-girlfriend, took her to a wooded area and hit her 10 to 15 times with his belt in front of her 2-year-old son supported his convic

  • In the Interest of J. R. T. and G. F. T.

    Publication Date: 2001-08-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Christopher J. McFadden, Decatur, 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, and Philip B. Campbell, Assistant Attorneys General, Atlanta, for appellee. Other party representation: Mary D. Hermann, Atlanta.

    Case Number: A01A1942

    Evidence, including the fact that the mother had a dozen children in state custody and that she chronically used and abused illegal drugs, supported the termination of her parental rights to two of

  • Corley Communications Inc. v. Northwinds Ctr. LP

    Publication Date: 2001-08-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Gregory W. Lancaster Peevy & Lancaster PC, Lawrenceville, for appellant.
    for defendant: Victor L. Moldovan Phears & Moldovan, Norcross, Craig E. Bertschi and Burleigh L. Singleton Kilpatrick Stockton LLP, Atlanta, for appellees. Other party representation: John J. Geary Geary & Tucker, Kingston.

    Case Number: A01A1295

    A materialman's lien arising out of the installation of telephone, cable and data wiring on behalf of a lessee was unenforceable against the owner of the pro

  • Sellers v. Sebastian Cove Homeowners Assoc. Inc.

    Publication Date: 2001-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Martin L. Fierman, Eatonton, for appellant.
    for defendant: . William W. White Dwyer & White, Atlanta, for appellee.

    Case Number: A01A1758

    The restrictive covenants applicable to the homeowner's airstrip lot did not prohibit construction of a hangar, as long as the lot was used for residential pur