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  • Askew v. State

    Publication Date: 2001-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James B. McGee III McGee & McGee, Waycross, for appellant.
    for defendant: Richard E. Currie, District Attorney, and James D. Lamb, Assistant District Attorney, Waycross, for appellee.
    Case Number: A01A0429

    Defendant's unprovoked ac in pushing one prison guard and biting another when they came into his cell supported his convic

  • Couch v. State

    Publication Date: 2001-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: George H. Weldon, Fayetteville, for appellant.
    for defendant: William T. McBroom III, District Attorney, and James E. Hardin, Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A01A0685

    Although defendant claimed that he mistook his daughter's 13-year-old friend for his wife, the victim testified that defendant clearly saw her and continued to touch her after she told him to

  • Davis v. Rich's Dep't Stores Inc.

    Publication Date: 2001-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James M. Green, Winder, for appellant.
    for defendant: Christopher P. Galanek Powell, Goldstein, Frazer & Murphy, Samuel M. Matchett King & Spaulding and William L. Hawthorne III, Atlanta, for appellee.
    Case Number: A00A1980

    Department store's policy requiring fraud claimants to send a notarized letter and photo I.D. before the store would investigate a fraudulent charge was not the kind of reprehensible conduct the Fai

  • Duke v. Buice

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William D. Patten Jr., Stockbridge, William R. L. Latson, Jonesboro, and Martin C. Jones Webb, Stuckey & Lindsey LLC, Peachtree City, for appellant.
    for defendant: . Genevieve L. Frazier Husser & Frazier, Rome, and Timothy C. Lemke Swift, Currie, McGhee & Hiers, Atlanta, for appellee.
    Case Number: A00A2463

    Defendant's answer denying that she could be served at her mother's home was sufficient to put the plaintiffs on notice that she was asserting insufficient service of process as an affirmative de

  • Warren v. State

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Martin C. Puetz and George D. Bush, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A00A2033, A00A2035

    There was no reasonable probability that the outcome of defendant's trial would have been different if the results of the intoxicated victim's blood test had been admitted to the

  • Law Journal Press | Digital Book

    Class Actions: The Law of 50 States

    Authors: 2024 Author: Gerald L. Maatman, Jr., 2022 & 2023 Authors: Gary F. Lynch, Kelly K. Iverson and Jamisen Etzel, 2019 – 2021 Author: Matthew D. Schultz

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  • Jones v. State

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Eric A. Ballinger Conrad & Abernathy, Canton, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Scott T. Poole, Canton, for appellee.
    Case Number: A01A0517

    Venue was proper in Cherokee County because defendant came there at the undercover operative's request to deliver the co

  • Ledford v. State

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: George H. Law III Whitmer and Law, Gainesville, for appellant.
    for defendant: Lydia J. Sartain, District Attorney, and Jason J. Deal, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A00A2406

    The trial court abused its discretion in denying defendant's motion for an extension of time to file a motion to suppress because defendant did not knowingly and voluntarily waive her right to couns

  • Lewis v. State

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Daniel C. Chapman III Chapman & Pope, Conyers, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Sandra A. Graves, Assistant District Attorney, McDonough, for appellee.
    Case Number: A00A1866

    Defendant was not entitled to a charge on misdemeanor theft by shoplifting because the evidence showed that she committed either felony shoplifting or no of

  • Spoon v. Johnson

    Publication Date: 2001-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James B. Sullivan, Decatur, for appellant.
    for defendant: Blair K. Cleveland and Richard A. Epps Jr. Martin, Snow, Grant & Napier, Macon, for appellee.
    Case Number: A01A0174

    Because the plaintiff failed to list his tort claim on his schedule of assets in his Chapter 13 bankruptcy petition, he was precluded from pursuing that claim against the defe

  • In the Interest of L.M.J.

    Publication Date: 2001-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William L. Kirby II Bunn & Kirby, Columbus, for appellant.
    for defendant: Linda B. Taylor Daniel, Hadden, Alford & Graham PC, LaGrange, 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, for appellee. Other party representation: Peter T. Alford Daniel, Hadden, Alford & Graham PC, LaGrange.
    Case Number: A01A0298

    The evidence supported the juvenile court's determination that awarding custody to the grandmother was not in the child's best interest, because the mother had a history of violent behavior and wou