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  • In re Fulton County Grand Jury Proceedings

    Publication Date: 2000-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Bruce H. Morris Finestone, Morris & Wildstein, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Elizabeth A. Baker and Bettieanne C. Hart, Assistant District Attorneys, Atlanta, for appellee. Other party representation: Peter C. Canfield, Thomas M. Clyde Dow, Lohnes & Albertson, Mark J. Kadish, Atlanta, and G. Kennedy McCleod Jr. McCleod & Assocs., Roswell.
    Case Number: A00A1177

    Crime-fraud exception to the attorney-client privilege allowed the presentation before a grand jury of the testimony of a private investigator who had been hired by a murder suspect's divorce attor

  • Karim v. State

    Publication Date: 2000-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Michelle R. Gozansky, Douglasville, for appellant.
    for defendant: James D. McDade, District Attorney, and James E. Barker, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A00A1020

    Imperfections in the photographic line-up did not create an impermissible suggestion that defendant was the su

  • Gordon v. State

    Publication Date: 2000-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Caesar J. Burch and Thomas J. Gustinella, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Gregory M. McConnell, Assistant District Attorney, Savannah, for appellee.
    Case Number: A00A0383

    In light of the charge as a whole, the trial court's charging inapplicable theories of the aggravated assault statute did not require reversal of defendant's conviction for aggravated assault with i

  • Arrington v. State

    Publication Date: 2000-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Sharon L. Hopkins, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A00A0660

    Given the overwhelming evidence of guilt, any error in permitting a witness' in-court identification of defendant after suppressing witness' tainted pre-trial identification was har

  • Jowers v. State

    Publication Date: 2000-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William W. Marks Public Defender's Office, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy and Jeanne M. Canavan, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A00A1111

    Although defendant's photograph was the only one in the photo line-up with a height chart in the background, the photo line-up was not impermissibly suggestive to the officer because he did not desc

  • Law Journal Press | Digital Book

    Infobeans cron job test

    Authors: Stephen Fishman

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  • Gateway Family Worship Ctrs. Inc. v. H.O.P.E. Found. Ministries Inc.

    Publication Date: 2000-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William H. Arroyo William H. Arroyo & Assocs., Tucker, for appellant.
    for defendant: Matthew D. Crosby, Atlanta, for appellees.
    Case Number: A00A1036

    Real estate sales contract was unenforceable since its property description was based upon a post-contract s

  • Whitaker v. State

    Publication Date: 2000-07-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Roreita J. Walker, Decatur, for appellant.
    for defendant: Carmen Smith, Solicitor, and Jody L. Peskin, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A00A0514

    Conviction vacated as court record did not show that defendant voluntarily and knowingly waived his right to a jury

  • Savage v. Roberson

    Publication Date: 2000-07-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Kenneth J. Rajotte, Atlanta, for appellant.
    for defendant: Thomas E. Brennan Fain, Major, Wiley & Brennan PC, Atlanta, for appellee.
    Case Number: A00A0964

    Because defendant was not personally served in any of the ways described in O.C.G.A. § 9-11-4 d 7, service of process was insufficient, regardless of the fact that he received timely notice of the

  • Bliss v. State

    Publication Date: 2000-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert W. Lenzer and Thomas P. Lenzer Lenzer & Lenzer, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and James V. Branch, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A00A0209

    The trial court had discretion to consider whether to revoke the defendant's first offender status based on his misdemeanor marijuana possession and driving with a suspended li

  • Chambers v. State

    Publication Date: 2000-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Alfred F. Zachry, LaGrange, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, Monique L.F. Kirby and Nigel R. Lush, Assistant District Attorneys, LaGrange, for appellee.
    Case Number: A00A0727

    Defendant's aiding his accomplices in luring the victim to a wooded area where they told him to give it up authorized the jury to find the defendant was a party to the