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  • Yarbrough v. State

    Publication Date: 2000-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Terry N. Massey, Conyers, for appellant.
    for defendant: Alan A. Cook, District Attorney, and Jennifer E. Greene, Assistant District Attorney, Covington, for appellee.
    Case Number: A99A2517

    Defendant's blood test results were admissible since it is unlikely that his consent resulted from officer's misreading the implied consent warning to state that a blood-alcohol level of 0.010 was il

  • Adams v. State

    Publication Date: 2000-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Samuel C. Finster Sr., Summerville, and William U. Hyden Jr., Trion, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, and Bruce E. Roberts, Assistant District Attorney, LaFayette, for appellee.
    Case Number: A99A2215

    The trial court acted reasonably in banishing defendant for 30 years from the counties of its judicial circuit in the event he is improperly paroled from his 30-year recidivist sentence for selling

  • Imaging Sys. Int'l Inc. v. Magnetic Resonance Plus Inc.

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Timothy D. Chambers and John W. Chambers Jr. Chambers, Chambers & Chambers, Atlanta, for appellant.
    for defendant: . Adam R. Gaslowitz, Timothy J. McGann and Walter Hamberg III Adam R. Gaslowitz & Assocs., Atlanta, for appellee.
    Case Number: A99A1774

    Plaintiff could not recover attorneys' fees in breach of contract suit under the contract's "prevailing party" fee provision, since it recovered no damages even though the trial court found that de

  • Benson v. Carter

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A99A2083

    Pursuant to an agreement settling teacher's threatened wrongful termination suit, school board could decide not to renew her contract before she obtained tenure without showing cause for its dec

  • Vedder v. State

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A99A2438

    The defendant's demand for a speedy trial was not effective because he filed it in municipal

  • Law Journal Press | Digital Book

    Health Care Fraud: Enforcement and Compliance

    Authors: James F. Barger, Jr., J. Elliott Walthall, Elise May Frohsin, Benjamin P. Bucy

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  • Parks v. State

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Sarina J. Woods, Public Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Elizabeth A. Baker, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A99A2084

    Evidence that the victim took AZT to prevent transmission of AIDS virus after she was raped was admissible to show she would not have consented to unprotected sex with the HIV-positive defe

  • Taylor v. State

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: George T. Jackson Jackson & Schiavone, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Ronald M. Adams, Assistant District Attorney, Savannah, for appellee.
    Case Number: A99A1708

    The trial court could not sentence defendant as a first offender on his armed robbery conviction since its discretion was limited by the mandatory minimum sentencing requirements of O.C.G.A. § 17-1

  • Georgia-Pacific Corp. v. Talbott County Bd. of Tax Assessors

    Publication Date: 2000-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Hubert C. Lovein Jr. Jones, Cork & Miller, Macon, for appellant.
    for defendant: William C. Moore, Columbus, for appellee.
    Case Number: A99A1941

    Although privately-owned woodlands were classified as conservation use properties that are taxed on their current use value rather than fair market value, evidence of the properties' fair market va

  • Rains v. Dolphin Mortgage Corp.

    Publication Date: 2000-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Sidney P. Wright, Rome, for appellant.
    for defendant: J. Anderson Davis and James D. Blitch Brinson, Askew, Berry, Seigler, Richardson & Davis, Rome, for appellee. Other party representation: Clarence R. Patton Patton & Price and Paul R. Cadle Jr., Rome.
    Case Number: A99A1042

    Evidence that the mortgage company manager told a loan originator to forge plaintiff's name to a quitclaim deed raised a jury issue as to whether the company ratified and was liable for the fo

  • Jordan v. State

    Publication Date: 2000-01-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William J. Sussman, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A99A1839

    Defense counsel did not have to object to admission of a document indicating that co-defendant tried to influence a state witness to lie, since he may have wished to avoid connecting that document t