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  • Parks v. State

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James Parks, Decatur, proceeded pro se. Gwendolyn R. Keyes, Solicitor General, Mary E. Leonard and Thomas E. Csider, Assistant Solicitors, Decatur, for appellee.
    for defendant:
    Case Number: A00A2327

    Pro se defendant waived his claims that the trial court erred in allowing the state to amend the accusation at trial and in refusing to conduct a hearing on his motion to dismiss because he did not

  • Croy v. State

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Anthony S. Carter, Covington, and Douglas R. Daum, Snellville, for appellant.
    for defendant: Alan A. Cook, District Attorney, Covington, for appellee.
    Case Number: A01A0161

    Defendant failed to supported his contention that the child molestation victim identified him at trial through an unduly suggestive in-court identification proc

  • Millsap v. State

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William R. Thompson Jr., Calhoun, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Sharon M. Fox, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A00A2006

    The victim's testimony that defendant touched her private parts with his hands and mouth supported his convictions on three counts of child molest

  • Navarro v. State

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ronald L. Beckstrom, Quitman, John D. Holt, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Bradfield M. Shealy, Assistant District Attorney, Valdosta, Melanie J. Brogden, Assistant District Attorney, Quitman, and Robert D. Jewell, Assistant District Attorney, Thomasville, for appellee.
    Case Number: A00A2481

    The record showed that the trial court adequately informed the defendant of his constitutional rights and that his guilty plea to burglary was intelligent and volu

  • Brunson v. State

    Publication Date: 2001-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert W. Chestney and Sherry B. Lantz The Chestney Hawkins Law Firm, Atlanta, for appellant.
    for defendant: G. Channing Ruskell, Solicitor General, Canton, for appellee.
    Case Number: A00A1554

    The state was not required to observe defendant for 20 consecutive minutes before administering a breath

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  • Wright v. Oliver

    Publication Date: 2001-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Debra G. Gomez, Macon, for appellant.
    for defendant: John E. Morrison, Mt. Vernon, for appellee.
    Case Number: A01A0497

    Defendant was not entitled to a directed verdict on the plaintiffs' claim that he sold them stolen vehicles because the evidence showed that defendant represented himself as being in partnership wit

  • Greene v. Team Properties Inc.

    Publication Date: 2001-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Edmund A. Waller, Gainesville, for appellant.
    for defendant: . R. Thomas Jarrard and and Leonard D. Myers Jr. Carey, Jarrard & Walker, Gainesville, for appellees.
    Case Number: A00A2368

    The plaintiffs knew or should have known that the defendants violated the Fair Business Practice Act when the defendants obtained the plaintiffs' property without complying with O.C.G.A. § 10-1-393 b

  • Lewis v. Ready

    Publication Date: 2001-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William J. Sussman, Augusta, for appellant.
    for defendant: Richard C. Foster, Charles Clark III and Mark A. Barber Hicks, Casey & Barber PC, Marietta, for appellee.
    Case Number: A00A2570

    Evidence that plaintiff entered an unobstructed intersection on a flashing yellow light and hit the rear of defendant's car supported the trial court's charge on contributory negli

  • Palmer v. State

    Publication Date: 2001-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Juwayn N. Haddad DeKalb County Public Defender's Office, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Assistant District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A00A2220

    Evidence that the defendant had a gun, did most of the talking and did not appear to be under duress supported the jury's finding that his claim of coercion was not cre

  • Patrick v. State

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Peter M. Zeliff, DeKalb County Public Defender, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Barbara B. Conroy, Assistant District Attorney, Decatur, for appellee.
    Case Number: A00A1805

    The defendant failed to make an adequate proffer of the testimony he wanted to present to rebut the state's similar transaction evi