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  • Torres v. The State

    Publication Date: 2021-10-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Elizabeth Racine, Sean Garrett, Aimee Sobhani, (Douglas County District Attorney’s Office), Douglasville, for appellee.
    Case Number: A21A1148

    Terroristic Threats Indictment Was Not Fatally Defective For Failing to Specify Names of Victims Litigation: Yes

  • Nusz v. Paulding County, Georgia et al.

    Publication Date: 2021-10-05
    Practice Area: Civil Procedure | Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Craig Jones, (Craig T. Jones, PC), Washington, for appellant.
    for defendant: Timothy Buckley, (Buckley Christopher, PC), Atlanta, for appellee.
    Case Number: A21A1073

    Court affirms dismissal of personal injury complaint against sheriff and county due to plaintiff's failure to give timely notice of claim to the sheriff

  • Cantrell v. The State

    Publication Date: 2021-10-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: James Luttrell, (Attorney at Law), Canton, for appellant.
    for defendant: Lee Darragh, (District Attorney, NEJC of GA), Gainesville, Shiv Sachdeva, (Northeastern Circuit District Attorney), Gainsville, for appellee.
    Case Number: A21A0828

    Court affirms denial of a motion to withdraw a guilty plea to attempted murder over defendant's claims of ineffective assistance and that her plea was not knowingly made

  • Perry v. Jenkins

    Publication Date: 2021-09-24
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Virginia Morris, (Virginia Nell Morris Law, LLC), Athens, Woodrow Ware, (The Law Offices of Woodrow Wilson Ware, LLC), Watkinsville,for appellant.
    for defendant: Brad Evans, (Attorney at Law), Madison, for appellee.
    Case Number: A21A0969

    Court affirms child custody and visitation order over petitioner's challenge to trial court's processes in issuing that order

  • Leach v. Warner

    Publication Date: 2021-09-13
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Jeffrey Leeper, (Busch, Reed & Jones, P.C.), Marietta, Chad Reed, (Attorney at Law), Marietta, for Appellant.
    for defendant: Ms J. Putt, (The Siemon Law Firm), Cumming, for Appellee.
    Case Number: A21A0774

    Court affirms order awarding visitation rights to a minor child's paternal grandmother over objections from the child's mother as to the supporting evidence

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

    View this Book

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  • Turkia v. The State

    Publication Date: 2021-09-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Steven Miller, (Attorney at Law), Summerville, for Appellant.
    for defendant: Penny Penn, Courtney Moore, (Forsyth County District Attorney's Office), Cumming, for Appellee.
    Case Number: A21A1013

    Court affirms convictions for aggravated battery and other crimes over defendant's challenge to how trial court responded to notes from jury, and to jury instructions

  • Blake v. Tribe Express, Inc. et al.

    Publication Date: 2021-09-09
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Minerva Steele, (Steele Law, LLC), Atlanta, for Appellant.
    for defendant: James Parks, (Attorney at Law), Dahlonega, Austin Perry, (McClure, Ramsay, Dickerson & Escoe), Toccoa, Michael Hostetter, (Nall & Miller, LLP), Atlanta, for Appellee.
    Case Number: A21A0672

    Court affirms summary judgment for employer in a dispute over whether an employee was within the scope of his employment when an accident occurred

  • Jefferson v. The State

    Publication Date: 2021-09-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Rodney Zell, (Zell & Zell, P.C.), Savannah, for Appellant.
    for defendant: Elizabeth Baker, (Griffin Judicial Circuit District Attorney Fayette County District Attorney's Office), Fayetteville, Benjamin Coker, (District Attorney), Thomaston, Marie Broder, (Spalding County District Attorney's Office), Griffin, for Appellee.
    Case Number: A20A0214

    Curt affirms convictions for kidnapping and other crimes over defendant's contentions of insufficient evidence, identification error, and ineffective assistance

  • Small v. Chatham County et al.

    Publication Date: 2021-08-11
    Practice Area: Court Administration | Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Chauncey Barnwell, (Chauncey Napoleon Brown Barnwell, PC), Atlanta, for appellant.
    for defendant: Jennifer Davenport, (Chatham County Attorney's Office), Savannah, Jennifer Davenport, (Chatham County Attorney's Office), Savannah, R. Hart, (Hart & Associates Law Firm LLC), Savannah, Noble Boykin, (Jones, Boykin & Associates), Savannah, Quentin Marlin, (Ellis Painter Ratterree & Adams LLP), Savannah, for Appellee; Walter Ballew, (Barrow & Ballew, P.C.), Savannah, for other party.
    Case Number: A21A0360

    Sovereign Immunity Precluded Suit Against County Based on Probate Court Clerk's Defalcation

  • Castaneda v. The State

    Publication Date: 2021-08-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: G. Stepp, (G. Richard Stepp, P.C.), Lawrenceville, for Appellant.
    for defendant: Patsy Austin-Gatson, Daniel Porter, Thomas Williams, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, Michael Parrish, (Newton County District Attorney), Covington, for Appellee.
    Case Number: A21A0035

    Court reverses child molestation convictions because trial court improperly admitted