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  • Pruitt v. State

    Publication Date: 2000-10-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Leo E. Benton Jr., Gainesville, for appellant.
    for defendant: Lydia J. Sartain, District Attorney, and Jason J. Deal, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A00A0988

    Since the defendant waived his right to a commitment hearing when he posted bond, the state had authority to proceed to trial on the accusation charging him with theft by t

  • Fowler v. State

    Publication Date: 2000-10-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jerry W. Moncus, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Herbert M. Poston Jr., Assistant District Attorney, Dalton, for appellee.
    Case Number: A00A1468

    Evidence that defendant took the victim's car and personal property after persuading the victim to let him stay at the victim's house supported defendant's theft by taking convi

  • Morris v. State

    Publication Date: 2000-10-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Randolph G. Rich Rich & Smith PC, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Donald P. Geary, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A00A2263

    The state gave a race-neutral explanation for using a peremptory strike to remove the sole black potential

  • In the Interest of S.S., T.S. & S.S.

    Publication Date: 2000-10-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Rodney S. Harris, Lawrenceville, for appellant.
    for defendant: Thurbert Baker, Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen A. Sgrosso and Dennis R. Dunn, Assistant Attorneys General, Atlanta, and John P. Cheeley Cheeley & Joyner LLC, Duluth, for appellee.
    Case Number: A00A0992

    Juvenile court erred in terminating the parental rights of a mother who was not served personally with a copy of the termination petition or the summons indicating the date of the he

  • Johnson v. Nelson-Rives Realty

    Publication Date: 2000-09-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A1781

    Landlord awarded frivolous appeal damages because pro se tenant appealed the dispossessory judgment for the sole purpose of delaying the landlord's recovery of the pro

  • Law Journal Press | Digital Book

    Infobeans cron job test

    Authors: Stephen Fishman

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  • Darby v. State

    Publication Date: 2000-09-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Margot S. Roberts, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Jack S. Jennings, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A00A1268

    Trial court properly charged on the inference of guilt from recent unexplained possession of stolen property since defendant's possession of the amount and denominations of the stolen money shortly

  • Knowles v. State

    Publication Date: 2000-09-15
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A1673

    Defendant's ineffective assistance of counsel claim was not raised timely since he should have asserted the claim in his second lawyer's amended motion for new

  • Sapp v. Coshatt

    Publication Date: 2000-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ryburn C. Ratterree and Tracy O'Connell Ellis, Painter, Ratterree & Bart LLP, Savannah, for appellant.
    for defendant: Wilson R. Smith Smith & Jenkins, Vidalia, and Robert L. Jenkins, Savannah, for appellee.
    Case Number: A00A0906

    Plaintiff did not have to bring a time-barred suit against his employer as a precondition to maintaining his suit against the law firm that allegedly failed to file his workers' compensation

  • Wiggins v. State

    Publication Date: 2000-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Cecilia M. Cooper, Americus, for appellant.
    for defendant: John R. Parks, District Attorney, and Alicia C. Jones, Assistant District Attorney, Americus, for appellee.
    Case Number: A00A1743

    Trial record showed that defense counsel advised defendant of his rights and the consequences of pleading g

  • Hall v. State

    Publication Date: 2000-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William R. Wansker, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Bettieanne C. Hart, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A00A1941

    Since the state proved that there was no tampering with the seized cocaine, defense counsel was not ineffective for failing to make a chain-of-custody chal