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  • In the Interest of R.J.D.B., a child

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jamie L. Smith, Marietta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Kathryn A. Fox, Assistant Attorney General, Atlanta, and Betty R. Blass Edwards, Friedwald & Grayson, Marietta, for appellee. Other party representation: David J. Casey, Marietta, and Ernest C. Crosby, Atlanta.
    Case Number: A10A0979

    The mother's history demonstrated an inability to maintain employment or financially provide for the child., sporadic visitation, marijuana use and failure to maintain custody of her four other chi

  • Reynolds v. State

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Lawrence W. Daniel, Atlanta, for appellant.
    for defendant: Brian K. Fortner, Solicitor General, and Katherine L. Iannuzzi, Assistant Solicitor General, Douglasville, for appellee.
    Case Number: A10A1234

    No evidence showed that the vehicle, which the state theorized the defendant drove, was involved in a hit-and-run incident or that the defendant owned that vehicle, was authorized to drive it, or h

  • Bodiford v. State

    Publication Date: 2010-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James L. King II, Bainbridge, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, and Michael L. Bankston, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: A10A1114

    The evidence was insufficient as a matter of law, since the state failed to show that the defendant alone possessed the drugs, which it was required to prove, because it did not prosecute the other

  • Bush v. State

    Publication Date: 2010-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Cynthia W. Harrison, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Lenny I. Krick, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A10A1136

    The trial court did not abuse its discretion in limiting the defendant's cross-examination of a police officer regarding criminal charges brought against others for the sale of cocaine, since such p

  • Miller v. State

    Publication Date: 2010-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Leon Hicks, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Billy J. Dixon, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A10A1203

    Trial counsel's representation of the defendant in connection with counsel's advice concerning an offered plea bargain was not deficient, since counsel discussed the plea bargain with the defendant,

  • Law Journal Press | Digital Book

    Section 337 Investigations: Unfair Trade Practice Litigation Before the ITC

    Authors: Michael G. McManus, Rodney R. Sweetland, III

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  • Reed v. State

    Publication Date: 2010-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Chlora A. Lindley-Myers, Griffin, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Thomaston, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A10A1434

    The trial court did not err in allowing the jury to rehear only the witnesses' direct testimony identifying the defendant as the r

  • Harrell v. Houston County

    Publication Date: 2010-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Albert M. Pearson III Moraitakis, Kushel & Pearson and Charles T. Brant, Atlanta, for appellant.
    for defendant: Timothy J. Buckley III Buckley Brown PC and Tracy K. Haff, Atlanta, for appellee. Other party representation: John W. Campbell and Valerie E. Pinkett Swift, Currie, McGhee & Hiers, Atlanta.
    Case Number: A09A0393

    The Court of Appeals' dismissal of the plaintiff's case deprived the trial court of any authority to enter a subsequent order of finality, and therefore, the plaintiff's second appeal was not proper

  • Anderson v. State

    Publication Date: 2010-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Bobby E. Hutson Jr., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Stephany J. Luttrell, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A10A0852

    The trial court should have suppressed evidence obtained during the execution of an invalid arrest wa

  • Hart v. State

    Publication Date: 2010-08-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Matthew K. Hube Hube & Tucker PC, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, and Daphne H. Jarriel, Assistant District Attorney, Statesboro, for appellee.
    Case Number: A10A0337

    Hearsay testimony, which the state introduced to impeach a witness, was inadmissible as a prior inconsistent statement, since the state did not show that the witness it sought to impeach had either

  • Choicepoint Servs. Inc. v. Graham

    Publication Date: 2010-08-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jennifer N. Ide, Jonathan A. Feldman and W. Scott Wright Sutherland Asbill & Brennan LLP, Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Warren R. Calvert, Senior Assistant Attorney General, Maria M. Young, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A10A0234

    The Department of Revenue's own regulation, which states that electronically delivered software is not a sale of tangible property and not subject to sales tax, does not limit the high technology ex