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  • Miller v. The State

    Publication Date: 2021-05-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: David Webb, (Office of the Public Defender), Columbus, for appellant.
    for defendant: Mark Jones, (Chattahoochee Judicial Circuit), Columbus, Julia Slater, (District Attorney Chattahoochee Circuit), Columbus, William Lisenby, (Attorney at Law Harris County District Attorney's Office), Hamilton, for appellee.
    Case Number: A21A0643

    Trial Court's Curative Instruction Adequately Addressed Potential Prejudice Arising From Victim's Parent's In-Court Outburst

  • Pierre v. The State

    Publication Date: 2021-05-10
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Jason McLendon, (McLendon Law Firm), Atlanta, for appellant.
    for defendant: Pamela Bettis, Adelle Petersen, (Office of the Solicitor-General of Henry County), McDonough, for appellee.
    Case Number: A21A0200

    Trial Counsel Not Ineffective For Failing to Object to Prosecutor's Commentary on Defendant's Silence During Police Interrogation

  • Buwee v. The State

    Publication Date: 2021-05-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Angela Dillon, Columbus, for appellant.
    for defendant: Patsy Austin-Gatson, Daniel Porter, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, Daniel Sanmiguel, (Hall County Solicitor's Office Office of the Solicitor-General), Gainesville, for appellee.
    Case Number: A21A0227

    Court affirms child molestation convictions over defendant's contentions of insufficient evidence and trial court error in striking a juror for cause

  • Brown v. Brown

    Publication Date: 2021-05-04
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: James Anthony, Barry McGough, Andrew McClintock, (Warner, Bates, McGough, McGinnis & Portnoy), Atlanta, for appellant.
    for defendant: Robert Boyd, (Boyd, Collar, Nolen & Tuggle, LLC), Atlanta, Katie Leonard, (Marple Rubin Family Law), Atlanta, Brad Macdonald, (Hill/MaDonald, LLC), Marietta, for appellee.
    Case Number: A21A0122

    Court reverses denial of declaratory judgment and an attorney fee award and remands for review of fees in a dispute over child visitation in a divorce decree

  • Frilando v. The State

    Publication Date: 2021-05-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: David Lock, (David T. Lock, LLC), Savannah, for appellant.
    for defendant: Margaret Heap, (District Attorney), Savannah, Shalena Jones, (Eastern Judicial Circuit), Savannah, Garrett Emmons, (Dekalb County District Attorney's Office), Decatur, Amanda McCool, (Chatham County District Attorney's Office), Savannah, for appellee.
    Case Number: A21A0169

    Court affirms convictions for aggravating stalking over defendant's challenges to sufficiency of evidence and admission and exclusion of evidence

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Moffitt v. The State

    Publication Date: 2021-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Kenneth Sheppard, (Attorney at Law), Smyrna, for appellant.
    for defendant: Fani Willis, (The Law Offices of Fani T. Willis, LLC), Atlanta, Paul Howard, David Getachew-Smith, (Fulton County District Attorney), Atlanta, Tristan Gillespie, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A21A0388

    Court affirms denial of defendant's motion to modify his enhanced sentence where enhancement was based on out-of-state child molestation conviction

  • Southern States Chemical, Inc. et al. v. Tampa Tank & Welding, Inc. et al.

    Publication Date: 2021-04-22
    Practice Area: Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Jonathan Barr, Andrew Stevens, Jeffrey Lewis, (Arnall Golden Gregory LLP), Atlanta, Edwin King, (Attorney at Law), Savannah, George Carley, (Carley, Gregory & Gregory), Decatur, for appellant.
    for defendant: Cecily McLeod, Kimberly Sheridan, (Gordon & Rees, LLP), Atlanta, Mike Crawford, Bradley Wolff, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, Mark Johnson, (Gilbert, Harrell, Sumerford & Martin, P. C.), Brunswick, Mark Middleton, (Attorney at Law), Brunswick, for appellee.
    Case Number: A19A0960

    Court Reverses Order Holding That Statute of Repose Barred Breach of Contract Claim Under Express One-Year Warranty

  • Truist Bank f/k/a Branch Banking and Trust Company v. Stark

    Publication Date: 2021-04-08
    Practice Area: Banking and Finance Laws
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Brian Levy, Paul Durdaller, (Burr & Forman LLP), Atlanta, for appellant.
    for defendant: John Christy, Jonathan Akins, (Schreeder Wheeler & Flint, LLP), Atlanta, for appellee. Corporation Service Company Registered Agent Wells Fargo Bank NA, Norcross, for other party.
    Case Number: A20A2000

    Trial Court Erred in Holding That Disposable Earnings Limitation Applied to Disputed Funds in Garnishment Case

  • Patel v. Diplomat 1419VA Hotels, LLC et al.

    Publication Date: 2021-04-07
    Practice Area: Contractual Disputes
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Scott Ratchick, (Chamberlain Hrdlicka), Atlanta, for appellant.
    for defendant: Sherri Buda, Bryan Knight, (Knight Johnson LLC), Atlanta, for appellee. Michael Robl, (Robl Law Group LLC), Tucker, for other party.
    Case Number: A20A1672

    Court affirms summary judgment claims in favor of defendants on plaintiff's fraud and breach of contract claims relating to mismanagement of a hotel investment

  • Norman v. The State

    Publication Date: 2021-04-02
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: William McIntosh, (Western Circuit Public Defender Office), Athens, for appellant.
    for defendant: Carroll Chisholm, Ethan Makin, (Athens-Clarke County Solicitor General's Office), Athens, for appellee.
    Case Number: A20A1995

    Appellant Bears the Responsibility of Timely Filing a Transcript of the Motion for a New Trial Hearing; Trial Court Did Not Err in Dismissing Appeal