• Phillips v. The State

    Publication Date: 2023-05-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Drew Powell, (Public Defender), Clarkesville, for appellant.
    for defendant: George Christian, C. Fogal, (District Attorney’s Office Mountain Judicial Circuit), Clayton, Rosanna Szabo, (MJC District Attorney’s Office), Clarkesville, for appellee.

    Case Number: A23A0252

    Court affirms convictions for vehicular homicide over defendant's challenge to admission of prior battery conviction and claims of ineffective assistance of counsel

  • Barrett v. The State

    Publication Date: 2023-05-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: David Lumpkin, (Office of the Public Defender for the Cherokee Judicial Circuit Office of the Public Defender), Cartersville, for appellant.
    for defendant: Anna Johnson, Samir Patel, (Cherokee Judicial Circuit - District Attorney’s Office), Cartersville, for appellee.

    Case Number: A23A0849

    Court affirms convictions for child molestation and other crimes over defendant's challenge to refusal to admit certain evidence and admission of other acts evidence

  • Borroto v. The State

    Publication Date: 2023-04-27
    Practice Area: Constitutional Law | 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: George Barnhill, Alexander Markowich, Jacob Kirkland, (Waycross Judicial Circuit District Attorney’s Office), Waycross, Marilyn Bennett, (District Attorney’s Office), Brunswick, for appellee.

    Case Number: A23A0600

    Defense Counsel's Testimony Supported Trial Court's Finding That Waiver of Jury Trial Was Made Knowingly and Intelligently

  • Johnson v. The State

    Publication Date: 2023-04-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Frances Kuo, Atlanta, for appellant.
    for defendant: Elaine Thompson, Fani Willis, Juliana Sleeper, (Fulton County District Attorney’s Office), Atlanta, for appellee.

    Case Number: A23A0028

    Court affirms convictions for rape and child molestation over defendant's contentions of insufficient evidence and ineffective assistance of counsel

  • Howard v. CTW Enterprises, Inc. et al.

    Publication Date: 2023-04-21
    Practice Area: Premises Liability
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Robert Cleveland, Athens, Richard Collins, (Richard B. Collins, Esq.), Tallahassee, for appellant.
    for defendant: John Blair, Austin Hammock, (Levy, Sibley, Foreman & Speir, LLC), Columbus, for appellee.

    Case Number: A23A0038

    Court affirms summary judgment for business owner in a premises liability action where injured plaintiff had equal knowledge of the static hazard that caused his injuries

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  • Ellis v. Seaver

    Publication Date: 2023-04-20
    Practice Area: Attorney Compensation | Civil Procedure
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Troy Ellis, Cumming, for appellant.
    for defendant: Diana Young, (Young Law Firm, LLC), Marietta, for appellee; Tatyana Ellis, Cumming, for other party.

    Case Number: A23A0125

    Trial Court Lacked Authority to Impose Attorney Fee Award Against Non-Party

  • Boomer v. Boomer

    Publication Date: 2023-04-07
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: David Klein, (Attorney at Law), Harlem, for appellant.
    for defendant: Shawn Hammond, (Attorney at Law), Evans, for appellee.

    Case Number: A23A0393

    Court affirms in part and reverses in part a trial court finding that a spouse misappropriated certain funds for calculations of a division of a marital estate in a divorce

  • American Plumbing Professionals, Inc. v. Servestar, LLC et al.

    Publication Date: 2023-04-05
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Scott Ratchick, (Chamberlain Hrdlicka), Atlanta, for appellant.
    for defendant: Amy Keeney, Samuel Richards, (Adams and Reese LLP), Atlanta, Edmund Whitson, (Adams and Reese LLP), Tampa, for appellee.

    Case Number: A23A0451

    Court vacates a trial court order that had found a non-compete covenant to be unenforceable because trial court did not have jurisdiction to enter that order

  • Freeport Title & Guaranty, Inc., as Trustee of the 1080 Bethlehem Church Trust v. Braswell et al.

    Publication Date: 2023-03-31
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: John Clark, (Clark Caskey, LLC), Atlanta, for appellant.
    for defendant: N. Wages, (Attorney at Law), Winder, for appellee.

    Case Number: A23A0442

    Court affirms a judgment order in favor of grantors on a grantee's action to quiet title to a parcel of property where security deed created a continuing security interest

  • Sanders v. The State

    Publication Date: 2023-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Jonah Sanders, (Augusta State Medical Prison), Grovetown, for appellant.
    for defendant: Fani Willis, Kevin Armstrong, (Fulton County District Attorney’s Office), Atlanta, for appellee.

    Case Number: A23A0475

    Amended Motion to Modify Sentences Denied as Untimely by Trial Court Referred Back to Earlier, Timely Motion to Modify