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  • Richardson v. State

    Publication Date: 2010-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Carlos Richardson, Unadilla, proceeded pro se. Larry Chisolm, District Attorney, Kimberly Rowden and Jeffrey S. Hendrix, Assistant District Attorneys, Savannah, for appellee.
    for defendant:
    Case Number: A10A0919

    The trial court lacked jurisdiction over the defendant's motion to withdraw his guilty plea, since the term of court in which the defendant was sentenced had ex

  • Autry v. State

    Publication Date: 2010-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Lawrence J. Zimmerman, Atlanta, and Christopher R. Geel, Marietta, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, Jessica K. Moss, Chief Assistant Solicitor General, and Jaret L. Teague, Assistant Solicitor General, Marietta, for appellee.
    Case Number: A10A0879

    The evidence was insufficient to show the harassing and intimidating element of stalking, since the state did not prove a course of conduct or pattern of beh

  • Cox v. State

    Publication Date: 2010-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, and Marc A. Watkins, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A10A1583

    Evidence of a similar transaction was relevant to show the defendant's bent of mind and course of conduct in possessing mari

  • In the Interest of D.B.

    Publication Date: 2010-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Sandra B. Keil, Macon, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Kathryn A. Fox, Assistant Attorney General, Atlanta, and Andrew S. Foster, Macon, for appellees.
    Case Number: A10A1110

    The father's history showed an inability to establish an adequate and safe home for his children, especially in light of the special needs of the two oldest children, and termination of his parental

  • Murray v. State

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James W. Bradley, Lakemont, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Sheryl D. Freeman, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A10A1184

    The defendant failed to show that his plea counsel was deficient for not pursuing a futile motion to suppress a stolen cell phone and money found in the defendant's and his accomplice's posse

  • Law Journal Press | Digital Book

    Winning at Trial: Insights from the Bench and Leading Litigators

    Authors: David R. Marriott

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  • Baker v. State

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Amanda R. Gaddis, Woodstock, for appellant.
    for defendant: Garry T. Moss, District Attorney, J. Clifford Head and Lawton W. Scott, Assistant District Attorneys, Canton, for appellee.
    Case Number: A10A1039

    The arresting officer did not unla detain the defendant when he asked for and received permission to search the vehicle in which the defendant was riding as a passenger six minutes after he l

  • Wallace v. State

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Tracie H. Cason, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A10A1501

    The trial court did not abuse its discretion in denying the defendants' requested charge on the reliability of cross-racial eyewitness identification, since the given charge correctly and adequately

  • Steele v. State

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Philip P. Pilgrim Jr. Law Office of Epps, Pilgrim, Olson & Pruitt, Cumming, for appellant.
    for defendant: Leslie C. Abernathy, Solicitor, Lynne S. Amos, Assistant Solicitor General, and Amy K. Radley Solicitor's Office, Cumming, for appellee.
    Case Number: A10A0955

    Bent of mind and course of conduct are proper purposes for the admission of similar transaction evidence in DUI

  • Milligan v. State

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Billy L. Spruell, Marietta, for appellant.
    for defendant: Lee Darragh, District Attorney, and Alison W. Toller, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A10A1343

    A charge conference is not a stage of a criminal proceeding invoking a defendant's right to be pr

  • Walker v. State

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Jimmie E. Baggett Jr., Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A10A1606

    The defendant was not entitled to a jury charge on good character evidence, since he neither testified to specific prior acts of good character, nor made any statement concerning whether he had ever