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  • Walker v. Blackwell

    Publication Date: 2001-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Esler C. Walker and Angie G. Walker, Columbus, proceeded pro se. Christopher B. Scott Smith, Wallis & Scott LLP, Carrollton, for appellee.
    for defendant:
    Case Number: A01A1858

    Petitioners' attempt to serve an Alabama resident by certified mail was insufficient under the Civil Practic

  • Thompson v. State

    Publication Date: 2001-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Charles Thompson, Sparta, proceeded pro se. J. David Miller, District Attorney, and Bradfield M. Shealy, Assistant District Attorney, Valdosta, for appellee.
    for defendant:
    Case Number: A01A1597

    Defendant was not entitled to an out-of-time appeal of his conviction for theft by receiving stolen pro

  • Hoang v. State

    Publication Date: 2001-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Deborah M. Vaughan and Eugene Novy Novy, James & Vaughan, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Nancy J. Dupree, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A01A0132

    Evidence that the victim suffered an 11 inch skull fracture while in defendant's care and with her knowledge supported defendant's conviction for contributing to the deprivation of

  • Satterwhite v. State

    Publication Date: 2001-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Dennis T. Blackmon and Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A01A0536

    The trial court properly admitted defendant's statement about raping a 4-year-old while he was on juvenile probation since the statement was knowing and voluntary under the totality of the circumst

  • Mitchell v. State

    Publication Date: 2001-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Stanley R. Lawson, Cleveland, for appellant.
    for defendant: Norman S. Gunter, District Attorney, and Lynn M. Akeley-Alderman, Dahlonega, for appellee.
    Case Number: A01A0632

    Evidence that defendant entered a store, displayed a device appearing to be a bomb, forced the victims into a storage area and fled with money from the register supported his convic

  • Law Journal Press | Digital Book

    Infobeans cogito test

    Authors: Stephen Fishman

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  • Brodes v. State

    Publication Date: 2001-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Henry A. Hibbert, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Alvera A. Wheeler, Senior Assistant District Attorney, and Bradley R. Malkin, Atlanta, for appellee.
    Case Number: A01A0575

    The trial court erred in excluding expert testimony about the unreliability of cross-racial eyewitness identification which was defendant's only effective means of illustrating potential weaknesses

  • SunTrust Bank Middle Ga. NA v. Harper

    Publication Date: 2001-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Hubert C. Lovein Jr. Jones, Cork & Miller, Macon, for SunTrust Bank. William H. Larson, Thomas P. Allen III Martin, Snow, Grant & Napier, and Sarah S. Harris, Macon, for Harper. Other party representation: Eugene S. Hatcher Anderson, Walker & Reichert, Macon.
    for defendant:
    Case Number: A01A0105; A01A0106

    Guardian breached his duty of undivided loyalty to his ward by failing to inform the probate court of his interest in the ward's joi

  • Virginia Highland Civic Assoc. Inc. v. Paces Properties Inc.

    Publication Date: 2001-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Michael J. Bowers, Thomas J. R. Archer and Christopher S. Anulewicz Meadows, Ichter & Trigg PC, Atlanta, for appellant.
    for defendant: Larry M. Dingle, Richard W. Wilson Jr., Marianne C. Boston Wilson, Brock & Irby LLC, Atlanta, and James S. Teague Jr., Brockman & Teague LLC, Cumming, for appellees.
    Case Number: A01A1069

    A bona fide purchaser for value was not charged with notice of unrecorded encumbrances contained in a settlement agreement, merely because an uncodified municipal ordinance and state legislative res

  • Moore v. State

    Publication Date: 2001-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James J. Lacy, Smyrna, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, and Charles K. Higgins, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A01A0721

    The trial court's failure to determine on the record whether defendant knowingly and intelligently waived his right to counsel was harmless since defendant had the benefit of counsel during pre-tria

  • In the Interest of T. F.

    Publication Date: 2001-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Walter E. Baker, Hawkinsville, 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, Laura W. Hyman, Assistant Attorneys General, Atlanta and Sarah F. Wall Harrison & Wall, Eastman, for appellee.
    Case Number: A01A1421

    The mother's incarceration for most of her child's life and her inability to remain sober supported the termination of her parental r