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  • Cash v. State

    Publication Date: 2016-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert McFarland Banks, Stubbs McFarland LLP, Cumming, for appellant.
    for defendant: William Finch, Solicitor General, and Jenna Thomas Solicitor General's Office, Cumming, for appellee.
    Case Number: A16A0269

    The evi did not support the defendant's conviction for DUI per se, because the State failed to tender the breath test results into evi

  • Wolf Creek Landfill LLC v. Twiggs Cnty.

    Publication Date: 2016-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert Norman and Hays McQueen Jones, Cork Miller LLP, Macon, for appellant.
    for defendant: R. Lars Anderson, Macon, for appellee.
    Case Number: A16A0534

    The trial court erred in interpreting a contract as extending the limitation period for filing a breach of contract action based on the agreement, and the 6-year statute of limitation barred the pla

  • Blackwell v. State

    Publication Date: 2016-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Long Vo Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Joshua Smith District Attorney's Office, and Titus Nichols Bell Brigham, Augusta, for appellee.
    Case Number: A16A0172

    The trial court did not clearly err in finding that the defendant gave his statement, in which he said he knew methamphetamine was being manufactured in the presence of his child, freely and volunta

  • In the Interest of S. W.

    Publication Date: 2016-07-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Arianne E. Mathe', Gainesville, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Gerald Mason District Attorney's Office, Decatur, for appellee.
    Case Number: A16A0314

    The evidence was sufficient to support the juvenile court order adjudicating the 16-year-old delinquent for acts which, if committed by an adult, would have constituted aggravated assault with a dea

  • Yarber v. State

    Publication Date: 2016-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Stephen W. Adkins Jr., Duluth, for appellant.
    for defendant: Sherry Boston, Solicitor General, and Wystan Getz Solicitor General's Office, Decatur, for appellee.
    Case Number: A16A0149

    The trial court did not reversibly err in admitting certain evidence in the defendant's trial for DUI and traffic offenses, because even if the evidence should have been excluded based on the defend

  • Law Journal Press | Digital Book

    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri, Bret Weatherford

    View this Book

    View more book results for the query "*"

  • King v. State

    Publication Date: 2016-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: David Daniell, Warner Robins, for appellant.
    for defendant: George Hartwig, District Attorney, and Daniel Bibler, Deputy Chief Assistant District Attorney, Perry, for appellee.
    Case Number: A16A0685

    The trial court properly denied the defendant's motion for new trial based on ineffective assistance of counsel following his convictions for statutory rape, aggravated child molestation and enticin

  • State v. Allen

    Publication Date: 2016-06-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jim Wright, District Attorney, and Jordan Van Matre, McDonough, for appellant.
    for defendant: Christina Kempter Public Defender's Office, Holly Veal Veal Lamar LLC, and William Puckett, McDonough, for appellees.
    Case Number: A14A0297

    The records check on the stopped car's passenger was part of the authorized mission of the traffic stop and it did not unreasonably prolong the stop; accordingly, the free-air dog sniff, which the

  • Allen v. State

    Publication Date: 2016-06-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Maryann Blend, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Samantha Routh District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A16A0542

    The evidence supported the defendant's convi for child molestation, as the 12-year-old victim's testimony was sufficient to sustain the convi

  • Zook v. Arch Specialty Ins. Co.

    Publication Date: 2016-05-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Angela Fox, Darren Summerville The Summerville Firm LLC, and David Krugler Cash, Krugler Fredericks LLC, Atlanta, for Zook. Ryan Isenberg Isenberg Hewitt PC, Atlanta, for MJQ Concourse Inc. et al.. John Hall, Nathan Gaffney, and Duane Cochenour Hall, Booth, Smith Slover PC, Atlanta, for Arch Specialty Ins. Co..
    for defendant:
    Case Number: A15A2006; A16A0467

    In an issue of first impression, the Court found that a malicious prosecution claim arises for purposes of triggering insurance coverage when the insured sets in motion the legal machinery of the St

  • Atlanta Indep. Sch. Sys. v. Wardlow

    Publication Date: 2016-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Marquetta Bryan and Neeru Gupta Nelson Mullins Riley Scarborough LLP, Atlanta, for appellant.
    for defendant: Torin Togut, Lawrenceville, for appellee.
    Case Number: A15A2172

    There was good and sufficient cause permitting the non-renewal of a public school testing coordinator's employment contract following testing improprieties during the administration of the Spring 20