• State v. Miller

    Publication Date: 2011-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Daniel J. Porter, District Attorney, and William C. Akins, Assistant District Attorney, Lawrenceville, for appellant.
    for defendant: Jack E. Harrell Jr., Lawrenceville, and Sharon L. Hopkins, Duluth, for appellee.

    Case Number: A09A0086

    Evidence that may be potentially useful, as the trial court classified the evidence in the present case, is insufficient to support a claim that the defendant's due process rights have been vio

  • Gillespie v. State

    Publication Date: 2011-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: David Gillespie, Buford, proceeded pro se. Patrick H. Head, District Attorney, Samuel K. Barger, Assistant District Attorney, and John R. Edwards District Attorney's Office, Marietta, for appellee.
    for defendant:

    Case Number: A11A1040

    The defendant's life sentence for armed robbery did not conflict with former versions of the state's general sentencing statute and was within the statutory l

  • Richardson v. State

    Publication Date: 2011-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Alixe E. Steinmetz Public Defender's Office, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Lenny I. Krick, Assistant District Attorney, Atlanta, for appellee.

    Case Number: A11A1087

    The trial court's discussion of the Barker v. Wingo factors at a hearing on the defendant's speedy trial motion did not make the denial of the motion in an order containing no findings of fact or co

  • Azordegan v. Ebrahimi

    Publication Date: 2011-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Richard J. Storrs, Atlanta, for appellant.
    for defendant: . Lee S. Goldstein Cohen, Goldstein, Port and Gottlieb LLP, Atlanta, for appellee.

    Case Number: A11A1402

    The applicant failed to show that the arbitrator imperfectly executed his authority on the basis that the award failed to set forth certain explicit findings, as the Georgia Arbitration Code does no

  • Henry v. State

    Publication Date: 2011-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William L. Gill, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Vikki L. Morek District Attorney's Office, Lawrenceville, for appellee.

    Case Number: A11A0953

    Evidence of the odor in the vehicle supported a finding that the defendant driver and his sole passenger jointly possessed the marijuana found in the glove compar

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  • Jackson v. State

    Publication Date: 2011-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William M. Olson, Athens, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Elberton, for appellee.

    Case Number: A11A0981

    In denying the defendant's speedy trial motion to dismiss his indictment, the trial court entered no findings as to a majority of the Barker v. Wingo fa

  • JNJ Foundation Specialists Inc. v. D. R. Horton Inc.

    Publication Date: 2011-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jason B. Schwartz Temple, Strickland, Counts & Dinges, Decatur, for JNJ Foundation. Thomas T. Hobgood, David A. Rutherford and Julia N. Haesemeyer Johnson Hobgood Rutherford LLC, Atlanta, for D. R. Horton Inc. Richard C. Foster and Andrea A. Guariglia Hicks Casey & Foster, Marietta, for Columbia National Ins. Christopher E. Penna Penna & Mendicino, Conyers, for Brent Scarbrough & Co.
    for defendant:

    Case Number: A11A0542; A11A0543; A11A0544; A11A0545

    The duty to defend and indemnify provision of the contract applied to claims arising out of or connected with third-party defendant's work, and term arising out of did not mean proximate cause or re

  • Pacheco v. Regal Cinemas Inc.

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Patrick J. Hannon The Keenan Law Firm, Atlanta, for appellant.
    for defendant: . Matthew G. Moffett Gray, Rust, St. Amand, Moffett & Brieske and W. Winston Bridges, Atlanta, for appellees.

    Case Number: A11A0503

    The trial court did not abuse its discretion in charging the jury on the rebuttable presumption arising from spoliation, after the defendants lost a video recording depicting views of a movie theate

  • Garland v. State

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jimmonique R. S. Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Joe W. Hendricks Jr., District Attorney, Jasper, for appellee.

    Case Number: A11A0431

    The defendant's conviction for aggravated assault was vacated, as it should have merged into his attempted armed robbery conviction on the basis that it did not require proof of any fact that the la

  • Hamilton-King v. HNTB Georgia Inc.

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Brent J. Savage, Kathryn H. Pinckney Savage, Turner, Pinson & Karsman, Savannah, and Nathan T. Williams Clark & Williams PC, Brunswick, for appellant.
    for defendant: . Gregory H. Wheeler Carlock, Copeland & Stair LLP, Atlanta, and Richard A. Brown Jr. Whelchel, Brown, Readdick & Bumgartner, Brunswick, for appellees.

    Case Number: A08A2246

    No c for ordinary negligence were asserted against either defendant and no genuine issue of material fact remained as to any such c