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  • Solid Waste Management Auth. of Crisp County Ga. v. Transwaste Servs. Inc.

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Edward S. Sell III, Jeffrey B. Hanson and Neil Halvorson Sell & Melton LLP, Macon, for appellant.
    for defendant: Hubert C. Lovein Jr. Jones, Cork & Miller, Macon, and Evans J. Plowden Jr. Watson, Spence, Lowe & Chambless, Albany, for appellee. Other party representation: James H. Cox and Eric W. Anderson Paul, Hastings, Janofsky & Walker LLP, Atlanta.
    Case Number: A00A1966

    The defendant was not entitled to a set-off against the principal due on a promissory that defendant signed after waiving its rights to contest its liability under the

  • Pena v. State

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, and Stephen J. Berk Berk & Moss PC, Decatur, for appellant.
    for defendant: Patrick H. Head, District Attorney, Marsha S. Lake, Assistant Solicitor General, and Maria B. Golick, Assistant District Attorney, Marietta, for appellee.
    Case Number: A00A1725

    The trial court's remark to the jury that it had granted a directed verdict on one count was neither an expression of opinion nor a comment on the evi

  • Himmel v. State

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert L. Crowe Lane & Crowe PC, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, and George C. Turner Jr., Assistant District Attorney, Woodbine, for appellee.
    Case Number: A00A1489

    The trial court erred in sentencing the defendant for both vehicular homicide and the lesser included offense of reckless dr

  • Weldon v. State

    Publication Date: 2001-01-12
    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 Eddie B. Bassett, Assistant District Attorney, Columbus, for appellee.
    Case Number: A00A1696

    The trial court abused its discretion in attempting to control defendant's disruptive behavior by gagging defendant in front of the

  • Evans v. State

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Daniel K. Franck, Public Defender's Office, Perry, for appellant.
    for defendant: Alan R. Tawse Jr., Solicitor General, Warner Robins, for appellee.
    Case Number: A01A0094

    The trial court properly charged the jury that it was authorized to find defendant guilty if it found that she committed the offense on or about the day charged in the indictment because the exact

  • Law Journal Press | Digital Book

    Federal Corporate Sentencing: Compliance and Mitigation

    Authors: Hon. Jed S. Rakoff, Jonathan S. Sack

    View this Book

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  • Clinch County Bd. of Ed. v. Hinson

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jack J. Helms Jr. Helms & Helms PC, Homerville, for Clinch County Board of Education. Berrien L. Sutton, Homerville, Douglas L. Mutert Barham Dover Bennett Miller Sherwood, Valdosta, and Alma L. Guttshall, Houston, Texas, for Hinson. Other party representation: Sam S. Harben Jr. and Daniel R. Murphy Harben & Harley LLP, Gainesville.
    for defendant:
    Case Number: A00A2226, A00A2227

    The superior court erred in failing to give deference to the school board's decision to terminate the plaintiff's employment for incompetency and other good and sufficient

  • Peek v. State

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert E. Surrency, Watkinsville, for appellant.
    for defendant: Frederic D. Bright, District Attorney, Millegeville, and Wilson B. Mitcham Jr., Assistant District Attorney, Greensboro, for appellee.
    Case Number: A00A1767

    The victim's testimony that she saw the defendant leave her home with her VCR provided direct evidence in support of his burglary convi

  • Adams v. Metropolitan Atlanta Rapid Transit Auth.

    Publication Date: 2000-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Sonja L. Salo McKinney & Salo PA, Atlanta, for appellant.
    for defendant: Jean B. Meyer and Mary L. Davis MARTA Law Dep't, Atlanta, for appellee.
    Case Number: A00A1510

    Because the personal injury plaintiff did not redact her medical records' ex to remove irrelevant records, the trial court properly excluded the entire ex

  • Kellogg v. Food Serv. Supplies Inc.

    Publication Date: 2000-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Henry F. Sewell Jr. Long, Aldridge & Norman LLP, Atlanta, for appellant.
    for defendant: James R. Sacca Altman, Kritzer & Levick PC, Atlanta, for appellee.
    Case Number: A00A1411

    The creditor's agreement to allow the debtor to make its delinquent payments over an extended period of time was sufficient consideration to support the unconditional guaranty signed by the debtor's

  • Kelleher v. Pain Care of Ga. Inc.

    Publication Date: 2000-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: W. McMillan Walker, Dublin, for appellant.
    for defendant: . Clifton M. Iler and Laura L. Owens Alston & Bird, Atlanta, for appellees. Other party representation: Merritt M. Wofford and H. Andrew Owen Jr. Harman, Owen, Saunders & Sweeney PC, Atlanta.
    Case Number: A00A2420

    Because the pain clinic had no right to control the doctor's treatment of his patients, the clinic was not vicariously liable for the doctor's alleged negligent acts involving a patient's overdose f