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  • Astudillo v. State

    Publication Date: 2000-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jennifer N. Foster and Steven E. Phillips, Public Defenders, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Christopher M. Quinn, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A00A1578

    Investigating police officer's reading of the rape victim's pretrial statement at trial over defense objection did not amount to harmful

  • State of Georgia v. Carter

    Publication Date: 2000-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Tambra P. Colston, District Attorney, Rome, Andrew T. Jones and Victoria S. Aronow, Special Assistant District Attorneys, Smyrna, for appellant.
    for defendant: Charles G. Price Smith, Price & Wright, Rome, and Ann. T. Shafer, Atlanta, for appellees.
    Case Number: A00A1170

    The trial court properly dismissed the state's forfeiture action since the state failed to conduct a timely forfeiture he

  • Abernathy v. State

    Publication Date: 2000-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Gerard P. Verzaal, Catersville, and Daniel L. Sproles, Rome, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Sharon M. Fox, Assistant District Attorney, Calhoun, for appellee.
    Case Number: A00A1312

    DFACS was the proper party to decide whether defendant could interview child molestation victim before trial because DFACS was the child's legal custodian and defendant sought to compel DFACS to mak

  • Daniels v. State

    Publication Date: 2000-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A0536

    Since defendant's sentence was mandated by law and not void, the trial court had no jurisdiction to modify the sentence six years after the term of court in which it was en

  • McElroy v. State

    Publication Date: 2000-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: L. Elizabeth Lane, Macon, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Amy E. Lambert, Assistant District Attorney, Perry, for appellee.
    Case Number: A00A0080

    In light of charge as a whole, trial court did not mislead jury into thinking that it could not convict defendant of a lesser included offense of aggravated as

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    Fund Governance: Legal Duties of Investment Company Directors

    Authors: Robert A. Robertson

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  • Canberg v. City of Toccoa

    Publication Date: 2000-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Alton M. Adams Adams Law Firm LLC and Earle W. Angell, Toccoa, for appellant.
    for defendant: . John A. Dickerson McClure, Ramsay & Dickerson, Toccoa, for appellee. Other party representation: Janney E. Sanders Clifton, Sanders & Smith, Toccoa.
    Case Number: A00A0381

    Plaintiffs' letter to city attorney giving the date, location and extent of damage allegedly caused by city's negligent response to their house fire substantially complied with the ante litem notice

  • Freeman v. State

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jimmy J. Boatright, Waycross, for appellant.
    for defendant: Richard E. Currie, District Attorney, and Alexander J. Markowich, Assistant District Attorney, Waycross, for appellee.
    Case Number: A00A0298

    Two one-man showups were not impermissibly suggestive given the totality of the circumstances, including the number of times the witness clearly saw the defendant prior to and immediately after the

  • Todd v. Kelly

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Fred S. Clark Clark & Clark, Savannah, for appellant.
    for defendant: . Brad S. McClelland, Terry L. Readdick Whelchel, Brown, Readdick & Bumgartner and W. Gary Moore, Brunswick, for appellee.
    Case Number: A00A0712

    Plaintiffs failed to show that a police officer acted outside the scope of his authority or with actual malice in obtaining arrest warrants against them in conjunction with a police investigation in

  • Bartlett v. Holder Constr. Co.

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James R. Argo Jr., Lawrenceville, for appellant.
    for defendant: Noel H. Benedict, Lawrenceville, for appellees. Other party representation: John B. Austin, Atlanta.
    Case Number: A00A0484

    In a premises liability action, genuine issues of fact remained regarding whether general co or had taken possession and control of construction site where plaintiff was injured such that the c

  • King v. Anglin

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Troy R. McClelland III and Nicholas J. Pieschel Dreger & McClelland, Roswell, for appellant.
    for defendant: Jack G. Slover Jr., Sharon D. King and Rob S. Register Hall, Booth, Smith & Slover PC, Atlanta, for appellees.
    Case Number: A00A0556

    Trial court erred in charging on assumption of risk, since there was no evidence that plaintiff knew defendant would drive the van backwards towar