• Oneill v. The State

    Publication Date: 2019-10-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Constantine Oneill, (Riverbend Correctional Facility), Milledgeville, for appellant.
    for defendant: William Doupe, (District Attorney), Thomson, Graham Hall, (Attorney at Law), Augusta, for appellee.

    Case Number: A19A1125

    Defendant, Whose Assertions Do Not State a Colorable Claim That His Sentences Are Void, Is Not Entitled to a Direct Appeal

  • The State v. Albritten

    Publication Date: 2019-10-16
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Clifford Bowden, (District Attorney), Tifton, Zachary Register, (Tifton Judicial Circuit), Tifton, for appellant.
    for defendant: Chase Studstill, (Georgia Public Defender Council), Tifton, for appellee.

    Case Number: A19A1576

    Court vacates order suppressing drug evidence and remands case for findings on defendant's standing to file a motion to suppress

  • ALA Construction Services, LLC v. Controlled Access, Inc.

    Publication Date: 2019-10-14
    Practice Area: Contracts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: James Creasy, (The Law Offices of James K. Creasy, LLC), Atlanta, for appellant.
    for defendant: Eric Van De Water, (Isenberg & Hewitt), Atlanta, for appellee.

    Case Number: A19A0923

    Court reverses summary judgment order on a mechanic's lien because material supplier did not follow statutory notice provisions.

  • Turner v. The State

    Publication Date: 2019-10-11
    Practice Area: Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Tradd Bosch, (Northern Judicial Circuit Public Defender's Office), Royston, for appellant.
    for defendant: David White, (District Attorney), Hartwell, for appellee.

    Case Number: A19A1028

    Trial Court Properly Denied DUI Defendant's Motion to Suppress Results of Tests Performed During a Roadblock

  • The State v. Huffman

    Publication Date: 2019-10-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: George Hartwig, Brian Granger, (Houston County Office of the District Attorney), Perry, for appellant.
    for defendant: Angela Coggins, Kindall Browning, (Houston County Public Defender's Office), Perry, for appellee.

    Case Number: A19A1601

    Court reverses order that had granted defendant's motion to dismiss the State's petition seeking to revoke her probation

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  • The State v. Morgan

    Publication Date: 2018-06-29
    Practice Area: Criminal Law | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge PHIPPS
    Attorneys: For plaintiff: Leigh Patterson (District Attorney), Rome; Anthony Williams (Assistant District Attorney), Dallas; Emily Harsen (Paulding County District Attorney's Office), Dallas, for appellant.
    for defendant: Robert Rutledge (Robert Christian Rutledge PC), Rome, for appellee.

    Case Number: A18A0433

    Defendant Not Justified In Using Violent Force Against Spouse In Response To Her Threat to Put His Dog Outside Their House

  • Holmes et al. v. Lyons et al.

    Publication Date: 2018-06-29
    Practice Area: Health Care Law | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: William Bird, Paul Hotchkiss (Bird Law Group PC), Atlanta; Irwin Ellerin (Ellerin Law Firm), Atlanta, for appellant.
    for defendant: Francesca Townsend, Daniel Huff, Trevor Newberry (Huff Power & Bailey LLC), Atlanta; Ashley Purcell, Kristen Rajagopal, Annalese Herndon (Hall Booth Smith PC), Atlanta, for appellee. Paul Reynolds, Atlanta; M. Reynolds (Houck Reynolds LLC), Atlanta, for amicus curiae.

    Case Number: A18A0277

    Medical Malpractice Plaintiff Stated Claim That Surgeon's Failure to Disclose His Numerous Physical Infirmities Caused Preventable Injuries

  • Barbour v. Sangha et al.

    Publication Date: 2018-06-28
    Practice Area: Civil Procedure | Court Administration
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Wayne Kendall (Attorney at Law), East Point, for appellant.
    for defendant: Lori Cohen, Victoria Lockard (Greenberg Traurig LLP), Atlanta, for appellee.

    Case Number: A18A0294

    Trial Court Had Discretion to Accept Answer to Complaint After Erroneous Rejection of Defendant's E-Filed Documents

  • RLI Insurance Company v. Duncan

    Publication Date: 2018-06-21
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Clay O'Daniel, Susan Mentel (O'Daniel McDonald, LLC), Atlanta, for appellant.
    for defendant: Matthew Wetherington, Benjamin Lev, Robert Friedman (The Werner Law Firm), Atlanta; Nola Jackson (Werner Wetherington PC), Atlanta; Michael Werner (Attorney at Law), Atlanta, for appellee.

    Case Number: A18A0149

    The trial court erred in denying excess insurer's motion to dismiss it from plaintiff's suit arising out of an automobile accident, because excess insurer was not a proper party.

  • Durrance v. Schad

    Publication Date: 2018-06-19
    Practice Area: Attorney Compensation | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Martin Fierman (Attorney at Law), Madison, for appellant.
    for defendant: Milton Gardner (Attorney at Law), Milledgeville, for appellee.

    Case Number: A18A0577

    Lack of Evidence Supporting Stalking Claim Warranted Award of Costs and Fees to Defendant