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  • Simmons v. State

    Publication Date: 2012-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Cris E. Schneider The Schneider Law Firm LLC, Richmond Hill, for appellant.
    for defendant: John T. Durden Jr., District Attorney, and Sandra Dutton, Assistant District Attorney, Hinesville, for appellee.
    Case Number: A11A2093

    The trial court plainly erred in imposing a 10-year felony sentence for a Schedule II violation, as such a sentence was well outside the statutory range of one to five

  • Minnesota Lawyers Mut. Ins. Co. v. Gordon

    Publication Date: 2012-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Mark D. Lefkow and Clinton F. Fletcher Nall & Miller LLP, Atlanta, for appellant.
    for defendant: Samuel R. Arden, Kristen A. Yadlosky Hartman, Simons, Spielman & Wood LLP, Charlotte M. Ritz Hunton & Williams LLP, Peggy J. Golden, Steven P. Berne, Irene B. Vander, Atlanta, Stephen D. Apolinsky and Tona L. Shrum Apolinsky & Assocs. LLC, Decatur, for appellees.
    Case Number: A11A1879

    The insurer, having taken a firm position as to its rights, was not entitled to a declaratory judgment for the purpose of seeking confirmation of its actions in denying coverage, withdrawing its def

  • Boatright v. Glynn County Sch. Dist.

    Publication Date: 2012-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Walter D. Adams and Eugene Highsmith, Brunswick, for appellant.
    for defendant: Phillip L. Hartley, Gainesville, and Andrew H. Lakin, Brunswick, for appellees.
    Case Number: A11A2308

    The trial court properly granted summary judgment to the defendants in the plaintiff's action alleging that their decision to terminate her employment violated her due process and liberty rights, as

  • White v. State

    Publication Date: 2012-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A11A2323; A11A2324

    The defendants failed to show harm in the trial court allowing the jury to hear an audiorecording, as the appellate record did not include a transcription of the portion of the recording that was p

  • Farley v. State

    Publication Date: 2012-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Deborah L. Leslie The Leslie Group LLC, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Elizabeth A. Baker District Attorney's Office, Jonesboro, for appellee.
    Case Number: A11A1719

    The evidence supported the defendant's conviction for aggravated stalking, as it showed a pattern of harassing and intimidating behavior directed at the v

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  • State v. McCarter

    Publication Date: 2012-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and Paige R. Whitaker, Deputy District Attorney, Atlanta, for appellant.
    for defendant: Jason H. Ingraham Public Defender's Office, Decatur, Kenneth D. Kondritzer and Lauren B. Shubow, Atlanta, for appellee.
    Case Number: A11A2002

    The trial court erred in dismissing the charges against the defendant for failure to prosecute him within the 180-day period set out in the Interstate Agreement on Deta

  • In the Interest of A. R. K. L.

    Publication Date: 2012-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James R. Newton, Brunswick, for appellant.
    for defendant: Jason R. Clark Clark & Williams PC, and Frances W. Dyal, Brunswick, for appellee.
    Case Number: A11A2038

    The juvenile court properly exercised jurisdiction over the termination procee

  • Howard v. Peachbelt Health & Rehabilitation Ctr. LLC

    Publication Date: 2012-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Carl A. Veline Jr., Warner Robins, for appellant.
    for defendant: Benjamin A. Leonard and Sarah E. Stottlemyer Bovis Kyle & Burch LLC, Atlanta, for appellees. Other party representation: Delece Brooks State Bd. of Workers' Compensation, Atlanta.
    Case Number: A11A1980

    Because the parties stipulated in open court that the plaintiff sustained neck injuries, the ALJ erred in considering other evidence as to whether the plaintiff suffered an injury and concluding tha

  • Williams v. GK Mahavir Inc.

    Publication Date: 2012-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Fred J. Rushing Jr. The Rushing Firm Ltd., East Point, for appellant.
    for defendant: Craig R. White and Bryce W. Mowbray III Skedsvold and White LLC, Atlanta, for appellee.
    Case Number: A11A1622

    The trial court erred in finding as a matter of law that the hotel did not have constructive knowledge of the substance on the floor of the lobby, since a factual issue remained as to whether the ho

  • Sheehan v. State

    Publication Date: 2012-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Andrew T. Mosley II Mosley Law Offices, Lawrenceville, for appellant.
    for defendant: Rosanna M. Szabo, Solicitor General, and Joelle M. Nazaire Solicitor General's Office, Lawrenceville, for appellee.
    Case Number: A11A2299

    Although the defendant's final divorce decree provided that she was not to be on the property of her ex-husband's place of employment, no evidence showed that the premises owner or rightful occupant