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  • Perry v. State

    Publication Date: 2012-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jackie Patterson, Atlanta, for appellant.
    for defendant: Peter Skandalakis, District Attorney, LaGrange, and Lee Tittsworth District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A12A1377

    The trial court did not abuse its discretion in refusing to sever the defendant's trial on charges of drug possession from his trial on the charge of influencing a wi

  • Sheffield v. State

    Publication Date: 2012-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A2212

    The pro se defendant filed his m to withdraw his guilty plea outside the term in which the superior court sentenced him, thus the trial court lacked jurisdiction to consider the m

  • Chamblee v. State

    Publication Date: 2012-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thomas Gustinella, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, and Timothy Ruffini, Assistant District Attorney, Savannah, for appellee.
    Case Number: A12A1078

    The arresting officer's approach and initial inquiries of the defendant constituted a first-tier police-citizen encounter that did not require reasonable suspicion because the officer did not disal

  • Thomas v. State

    Publication Date: 2012-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: J. Scott Key, Decatur, for appellant.
    for defendant: Tommy Floyd, District Attorney, and David Slemons District Attorney's Office, McDonough, for appellee.
    Case Number: A12A1577

    The trial court properly admitted defendant's custodial statement because the evidence showed that defendant made the statement after she was Mirandized but before the officer subjected her to the c

  • Glaze v. State

    Publication Date: 2012-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Edward Silverbach The Silverbach Group LLC, Kennesaw, for appellant.
    for defendant: Peter Skandalakis, District Attorney, LaGrange, Samuel S. Olens, Attorney General, Atlanta, and Andrea Newton District Attorney's Office, Newnan, for appellee.
    Case Number: A12A1270

    The Court of Appeals affirmed defendant's convictions for rape, kidnapping, armed robbery, theft by taking, and three counts of possession of a gun during the commission of a

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Badie v. State

    Publication Date: 2012-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: David West West & Corvelli, Marietta, for appellant.
    for defendant: Samuel Altman, District Attorney, and Mary McKinnon, Assistant District Attorney, Swainsboro, for appellee.
    Case Number: A12A1136

    The circumstantial evidence, taken together, authorized the jury to find that the defendant possessed the burglarized homeowner's pro

  • State v. Wolf

    Publication Date: 2012-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: J. David Miller, District Attorney, and Jessica Clark, Assistant District Attorney, Valdosta, for appellant.
    for defendant: James Miller, Valdosta, for appellee.
    Case Number: A12A1117

    The trial court properly found that the police officer illegally stopped the defendant's vehicle because the officer lacked reasonable suspicion of criminal conduct, and that the defendant's subsequ

  • Turnbull v. State

    Publication Date: 2012-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Herbert Adams The Adams Law Group PC, Jonesboro, for appellant.
    for defendant: Tasha Mosley, Solicitor General, Jonesboro, for appellee.
    Case Number: A12A1201

    The evidence supported defendant's conviction for making harassing phone calls to his former girlf

  • Cox v. State

    Publication Date: 2012-09-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Deborah Fluker The Fluker Law Firm PC, Lawrenceville, for appellant.
    for defendant: Daniel Porter, District Attorney, and Jennifer Taylor, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A12A1096

    The trial court was not required to discuss each of the six factors suggested in Bradley v. State with the pro se def

  • Bradley v. State

    Publication Date: 2012-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Sara Meyers Public Defender's Office, Thomson, for appellant.
    for defendant: Dennis Sanders, District Attorney, and William Doupe', Assistant District Attorney, Thomson, for appellee.
    Case Number: A12A0989

    The evidence supported the inference that the defendant knew or should have known the shotgun he sold was s