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  • Scott v. State

    Publication Date: 2000-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ellis R. Garnett, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A99A1775

    The defendant failed to show that he would not have been convicted if his counsel had timely objected to documentary evidence that he tried to influence a witness's test

  • George v. State

    Publication Date: 2000-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Lloyd J. Matthews, Jonesboro, for appellant.
    for defendant: Keith C. Martin, Solicitor, and Rebecca G. Simpson, Assistant Solicitor, Jonesboro, for appellee.
    Case Number: A99A2168

    The arresting officer could testify that two men told a translating officer that they gave the defendant $20 to use his van since the defendant claimed the arresting officer charged him with DUI in

  • Vasche v. John Wieland Homes Inc.

    Publication Date: 2000-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James W. Kytle, Atlanta, and Samuel A. Murray Beck, Owen & Murray, Griffin, for appellant.
    for defendant: . James S. Strawinski and Michael L. Goldberg Dennis, Corry, Porter & Gray, Atlanta, for appellee.
    Case Number: A99A1981

    Homeowners' 1991 agreement releasing developer from claims arising out of its prior grading activ did not bar homeowners' 1995 suit against developer for subsequent grading activ

  • Hayes v. Clark

    Publication Date: 2000-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Mark W. Straughan Straughan & Straughan, McRae, for appellant.
    for defendant: Ralph F. Simpson Simpson & Cross, Tifton, for appellee.
    Case Number: A00A0350

    Mother had a duty as trustee not to spend her daughter's personal injury settlement funds, since foreign state court's order that she hold the funds in trust until daughter's 18th birthday created

  • Allen v. State

    Publication Date: 2000-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: J. Michael Bass Closson, Bass & Tomberlin, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Jennifer A. Thomas, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A99A1882

    The trial court properly instructed the jury that defendant's mistaken belief that the child molestation victim was over 16 years old was irrelevant and no de

  • Law Journal Press | Digital Book

    Business Separation Transactions: Spin-Offs, Subsidiary IPOs and Tracking Stock

    Authors: Stephen I. Glover

    View this Book

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  • Gallimore v. State

    Publication Date: 2000-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: L. Paul Cobb Jr., Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Gerald Mason, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A00A0195

    Officer's observations that defendant had a strong odor of alcohol on his breath, could not maintain his balance, and had irregular speech and glassy eyes supported DUI—less safe driver convi

  • Al-Madinah Petroleum Inc. v. Mahsa Inc.

    Publication Date: 2000-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Michael W. Higgins Higgins & Dubner, Atlanta, for appellant.
    for defendant: David C. Farshy, Atlanta, for appellees.
    Case Number: A00A0158

    Tenant properly canceled lease after its $258,000 building suffered more than $163,000 in damage from a tornado, since lease expressly allowed tenant to cancel if the building's damage exceeded half

  • Hunt v. State

    Publication Date: 2000-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Homer R. Hannah III, Lafayette, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, Lafayette, and John L. O'Dell, Assistant District Attorney, Trenton, for appellee.
    Case Number: A00A0492

    Although defendant recanted his pretrial statement admitting he broke his fiancee's child's arm, the jury could believe that statement and convict him for breaking the arm and not seeking medical tr

  • Long v. Beach

    Publication Date: 2000-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Michael T. Byrne and Gregg P. Counts Byrne & Counts LLC, Snellville, for appellant.
    for defendant: William R. Ashe, Monroe, for appellee.
    Case Number: A00A0650

    Evidence of defendant's oral promise to repay the $70,000 his mother gave him for a house downpayment was not admissible to contradict the mother's "gift" letter provided to the mortgage company sta

  • Dollar v. State

    Publication Date: 2000-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Timothy T. Herring, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Brett E. Pinion, Assistant District Attorney, Newnan, for appellee.
    Case Number: A99A1974

    Confidential informant's claim that he purchased marijuana from defendant, corroborated by officer's information that a large Federal Express package filled with marijuana was addressed to defendant