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  • Ferguson v. State

    Publication Date: 2013-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Michael Davis, Atlanta, for appellant.
    for defendant: Daniel Porter, District Attorney, Jennifer Taylor, Assistant District Attorney, and Vikki Morek District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A13A0495

    Evidence that the defendant beat the victim about the head and face when she accused him of having an affair, causing lacerations requiring stitches and rib fractures, supported his aggravated assau

  • Lenoir v. State

    Publication Date: 2013-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Rodney Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Fredric Bright, District Attorney, Gray, and DeLeigh Shelton District Attorney's Office, Milledgeville, for appellee.
    Case Number: A13A0128

    The evidence did not support the defendant's conviction for criminal damage to property in the second degree, as it did not establish whether the value of the property at issue exceeded $500, as req

  • Howe v. State

    Publication Date: 2013-06-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Tony Howard Public Defender's Office, Augusta, for appellant.
    for defendant: Charles Evans, Solicitor General, and Diette Barnwell Solicitor General's Office, Augusta, for appellee.
    Case Number: A13A0351

    The evidence that the defendant struck his wife in the head, bit her on the back and held his 8-week-old son out of a moving vehicle was sufficient to support his conviction for family violence simp

  • Jones v. State

    Publication Date: 2013-06-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A0001

    The defendant's motion for appointment of appellate counsel was properly denied, as the defendant was not entitled to any remedy for asserting the right to challenge a judgment of conviction as voi

  • Pye v. State

    Publication Date: 2013-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jonathan Kesler The Kesler Law Firm PC, Canton, for appellant.
    for defendant: Garry Moss, Shannon Wallace, District Attorneys, Cliff Head, Assistant District Attorney, and Lara Snow District Attorney's Office, Canton, for appellee.
    Case Number: A13A0518

    Although there was no evidence of physical trauma to the victim and the defendant contended that the sexual intercourse was consensual, the Court found a lack of consent based on the victim's testim

  • Law Journal Press | Digital Book

    New York Employment Law 2023

    Authors: Daniel A. Cohen, Joshua Feinstein

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  • Harrell v. State

    Publication Date: 2013-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Wayne Burnaine, Lawrenceville, for appellant.
    for defendant: Daniel Porter, District Attorney, and Michael Morrison, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A13A0293

    The State presented sufficient corroboration of the getaway driver's testimony to authorize the jury to conclude that the defendant committed the gas station ro

  • Clay v. State

    Publication Date: 2013-06-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Peter Johnson, Augusta, for appellant.
    for defendant: Rebecca Wright, District Attorney, and Titus Nichols District Attorney's Office, Augusta, for appellee.
    Case Number: A13A0173

    The defendant failed to prove that certain jurors were erroneously qualified to serve on the jury due to their exposure to an article about the case that a local newspaper publ

  • Ogletree v. State

    Publication Date: 2013-06-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jennifer Trieshmann Public Defender's Office, Carrollton, for appellant.
    for defendant: Peter Skandalakis, District Attorney, Newnan, and Carter Bendinger, LaGrange, for appellee.
    Case Number: A13A0373

    The prosecutor's unanswered question to the defendant at his trial for child molestation, enticing a child for indecent purposes and sexual battery regarding his visit to a psychosexual behavior th

  • Riles v. State

    Publication Date: 2013-06-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Amanda Morris Public Defender's Office, Augusta, for appellant.
    for defendant: Samuel Altman, District Attorney, and Mary McKinnon, Assistant District Attorney, Swainsboro, for appellee.
    Case Number: A13A0080

    The defendant failed to prove that his trial counsel was deficient for failing to present character witnesses on his behalf, since he did not present testimony of any uncalled witnesses at the heari

  • Hudson v. State

    Publication Date: 2013-05-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Mercedes Ball Lister & Holt LLC, Jonesboro, for appellant.
    for defendant: Tasha Mosley, Solicitor General, and Sharletta Mahone, Assistant Solicitor General, Jonesboro, for appellee.
    Case Number: A13A0711

    The trial court properly allowed the State to show the jury fliers the defendant had distributed and a picture of the sign he had displayed outside his child's mother's business in his trial for cri