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  • State v. Forehand

    Publication Date: 2000-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Kenneth B. Hodges III, District Attorney, and Kathryn O. Fallin, Assistant District Attorney, Albany, for appellant.
    for defendant: Saleem D. Dennis Dodd & Dennis, Valdosta, for appellee. Other party representation: Kermit N. McManus, District Attorney, Dalton, Jon W. Burton, Stockbridge, and Donald F. Samuel Garland, Samuel & Loeb PC, Atlanta.
    Case Number: A00A1597

    Trial court erred in dismissing defendant's indictment on charges resulting from a traffic stop, since the arresting officer had authority to stop defendant for violating a temporary informal city c

  • Crawford v. State

    Publication Date: 2000-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Bernard S. Brody and David H. Jones King, King & Jones PC, for appellant.
    for defendant: Gwendolyn R. Keyes, Solicitor General, Elizabeth Leonard and Thomas E. Csider, Assistant Solicitors, Decatur, for appellee.
    Case Number: A00A1086

    The arresting officer's untimely reading of the implied consent notice before administering the alco-sensor test did not deprive defendant of the right to make a meaningful decision about whether to

  • State v. Jones

    Publication Date: 2000-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Joseph J. Drolet, Solicitor General, and Shukura L. Ingram, Assistant Solicitor, Atlanta, for appellant.
    for defendant: Jackie G. Patterson and Yasma Patterson Patterson & Patterson, La Grange, for appellee.
    Case Number: A00A2556

    Defendant was entitled to a special demurrer on two counts of fleeing or attempting to elude a police officer since the counts failed to give defendant sufficient information so he could prepare his

  • Dean v. State

    Publication Date: 2000-11-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Charles A. Mullinax, Stone Mountain, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Jennifer Kolman, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A00A2430, A00A2431

    The defendant's motions alleging that he was stopped and frisked without probable cause or consent met the factual requirements for motions to sup

  • Jones v. Hill

    Publication Date: 2000-11-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Floyd H. Farless, Rome, for appellant.
    for defendant: Charles Crawford, Cartersville, for appellee.
    Case Number: A00A1751

    Rent-to-purchase contract was not so indefinite or vague as to be unenforc

  • Law Journal Press | Digital Book

    Corporate Internal Investigations

    Authors: Steven F. Molo, Dan K. Webb, Robert W. Tarun

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  • McCarley v. McCarley

    Publication Date: 2000-11-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John D. Rasnick, Manchester, for appellant.
    for defendant: Charles J. Willis Willis, McKenzie & Long, LaGrange, for appellant. Donald W. Johnson The Johnson Law Firm, Fayetteville, for appellee.
    Case Number: A00A2330, A00A2331

    Trial court should have dismissed the motion for fees and expenses brought by the successors to the executrix of decedent's will, because the successors were not substituted as parties under O.C.G.A

  • In the Interest of A.T.

    Publication Date: 2000-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A2195

    Due process does not require the state to inform a juvenile in writing or in the delinquency petition that the juvenile is being charged with a designated felony act under O.C.G.A. § 15-

  • Fleming v. Fleming

    Publication Date: 2000-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Paul R. Koehler, and Frank J. Klosik Jr. Greer, Klosik & Daugherty, Daugherty & Swank, Atlanta, for appellant.
    for defendant: Gresham H. Harrison Harrison & Harrison, Lawrenceville, for appellee.
    Case Number: A00A1677

    The doctrine of interspousal immunity did not preclude plaintiff's claims against her ex-husband for converting her stock certificates while their divorce action was pe

  • In the Interest of J.L.K., J.P.M and P.S.M.

    Publication Date: 2000-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James B. McGee III and William R. Little, Waycross, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen A. Sgrosso, Assistant Attorney General, John C. Shelton, Atlanta, and Charles R. Reddick, Homerville, for appellee. Other party representation: Andrew C. Spivey, Waycross.
    Case Number: A00A2026, A00A2027

    Evidence that mother has a 10-year-old's mental capacity and that father was blinded in an alcohol related fight supported finding that they are unable to care for their chi

  • Chambers v. Green

    Publication Date: 2000-10-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Donald R. Donovan, Hiram, for appellant.
    for defendant: Robert W. Hughes Jr. Hughes & Kaplan, Stone Mountain, for appellee.
    Case Number: A00A1589

    On defendant's motion for involuntary dismissal, the trial court had authority to decide that plaintiff had not proven essential