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  • Reeves v. State

    Publication Date: 2014-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ashleigh Merchant The Merchant Law Firm PC, Marietta, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, and Daniel Quinn, Assistant District Attorney, Marietta, for appellee.
    Case Number: A14A1009

    The prosecutor's comment about the "horror of finding your home has been broke into" did not constitute a prohibited golden rule ar

  • McClure v. McCurry

    Publication Date: 2014-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William Colvin, Alpharetta, for appellant.
    for defendant: Douglas Flint Flint & Connolly, Canton, for appellees.
    Case Number: A14A0893

    The trial court's order awarding attorneys' fees pursuant to O.C.G.A. § 9-15-14 did not contain the findings required for substantive r

  • Banks v. State

    Publication Date: 2014-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: G. Richard Stepp, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Christopher M. Quinn, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A14A1084

    Because there was no evidence of the defendant's allegedly reckless conduct other than that directly related to the death of the victim, the verdict form properly listed only involuntary manslaught

  • Styles v. State

    Publication Date: 2014-10-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Byron Watson, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Bradfield Shealy, Senior Assistant District Attorney, and Jessica Clark, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A14A1230

    The evidence supported the defendant's convictions for burglary and armed robbery as a party to the c

  • Bagwell v. State

    Publication Date: 2014-10-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: H. Lee Prescott and Katherine Mason Public Defender's Office, Augusta, for appellant.
    for defendant: Kenneth Mauldin, District Attorney, Jon Forwood, Assistant District Attorney, and Kristopher Bolden District Attorney's Office, Athens, for appellee.
    Case Number: A14A0897

    The defendant failed to prove that his absence from several bench conferences violated his constitutional right to be present at trial, since the conferences dealt with matters in which his presenc

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    Lancaster County & Berks County Court Rules 2023

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  • Lloyd's Syndicate No. 5820 v. AGCO Corp.

    Publication Date: 2014-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Scott McMickle McMickle, Kurey & Branch LLP, Alpharetta, for appellant.
    for defendant: T. Bart Gary Freeman Mathis & Gary LLP, Atlanta, for appellee. Other party representation: Kim Jackson Hawkins & Parnell, Eric Taylor Parker Hudson Rainer & Dobbs LLP, Atlanta, and Bradley Watkins Brown Readdick Bumgartner Carter, Brunswick.
    Case Number: A12A1125

    The phrase "manufacturing defects" does not ordinarily encompass defects in product d

  • Lucas v. State

    Publication Date: 2014-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Sheueli Wang, Margaret Flynt Georgia Public Defender Standards Council, Atlanta, and Roger Curry, Marietta, for appellant.
    for defendant: Leigh Patterson, District Attorney, and Emily Johnson District Attorney's Office, Rome, for appellee.
    Case Number: A14A0539

    The defendant's two burglary convictions merged as a matter of fact because they were committed at the same time and place, were part of a continuous criminal act, and were inspired by the same crim

  • State v. Allen

    Publication Date: 2014-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James L. Wright III, District Attorney, Christina M. Kempter, and Jordan K. Van Matre, Assistant District Attorneys, McDonough, for appellant.
    for defendant: William C. Puckett Jr., Conyers, and Holly W. Veal Veal and Lamar LLC, McDonough, for appellees.
    Case Number: A14A0297

    The officer impermissibly prolonged the duration of a traffic stop when he initiated a computer check of the defendants' license and identification card after completing his written wa

  • Mathis v. State

    Publication Date: 2014-08-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Vernon Smith, Jonesboro, for appellant.
    for defendant: Dawn Baskin, District Attorney, Eatonton, and Fredric Bright, District Attorney, Gray, for appellee.
    Case Number: A14A0080

    The defendant's aggravated assault convi merged with his armed robbery convi

  • Georgia Dep't of Revenue v. Moore

    Publication Date: 2014-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Frances Mulderig, and Warren Calvert Attorney General's Office, Atlanta, for appellant.
    for defendant: Jefferson Allen and Jeffrey Cohen Cohen, Cooper, Estep & Allen LLC, Atlanta, for appellee.
    Case Number: A12A0216

    Corporate officers are jointly and severally liable for their company's unpaid sales taxes, and a jointly and severally liable p is not a necessary party to a lawsuit involving another such p