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  • Gibbs v. Bright

    Publication Date: 2015-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ashley Deadwyler Deadwyler Law LLC, Macon, for appellant.
    for defendant: Fredric Bright, District Attorney, Gray, and Daniel Cochran, Assistant District Attorney, Milledgeville, for appellees.
    Case Number: A14A2324

    The trial court did not err in denying a request to restrict access to the petitioner's criminal history record information pertaining to his convictions on charges of child molestation, enticing a

  • State v. Castillo

    Publication Date: 2015-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Lee Darragh, District Attorney, and Shiv Sachdeva District Attorney's Office, Gainesville, for appellant.
    for defendant: Robert Booker, Lawrenceville, for appellee.
    Case Number: A14A2066

    The trial court did not clearly err in finding that an officer's testimony regarding the condition of a drive-out tag that provided the basis for a traffic stop 13 years earlier lacked credib

  • Albers v. Georgia Bd. of Regents of the Univ. Sys. of Ga.

    Publication Date: 2015-01-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Matthew C. Billips Billips Benjamin LLP, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Annette M. Cowart, Senior Assistant Attorney General, and Shelley S. Seinberg, Assistant Attorney General, Atlanta, for appellees.
    Case Number: A14A1220

    The defendants—a college and its president—were not entitled to summary judgment in a former employee's wrongful termination claim under the Georgia Whistleblower St

  • Matthews v. State

    Publication Date: 2015-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Darel Mitchell, Greensboro, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Gray, and Alison Burleson, Assistant District Attorney, Madison, for appellee.
    Case Number: A14A1200

    The trial court erred in denying the defendant's motion to suppress drug evidence seized in the search of his vehicle, as the officer impermissibly prolonged the traffic stop for a tag viol

  • Canaan Land Props. Inc. v. Herrington

    Publication Date: 2015-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Bradley Watkins Whelchel, Brown, Readdick Bumgartner, Brunswick, for appellant.
    for defendant: . Judson Smith Smith Cannon PC, Vidalia, for appellee.
    Case Number: A14A0849

    The mere existence of a defect in the parking lot in the area of the plaintiff's trip and fall could not establish caus

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    Delaware County Court Rules 2024

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  • Davis v. State

    Publication Date: 2014-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Kevin Armstrong Public Defender's Office, Albany, for appellant.
    for defendant: Joseph Mulholland, District Attorney, and Moruf Oseni District Attorney's Office, Bainbridge, for appellee.
    Case Number: A14A1463

    T endant's conviction for failure to register as a sex offender with the Decatur County Sheriff's Office as required under O.C.G.A. § 42-1-12 was reversed, since the State failed to prove that

  • Cavender v. State

    Publication Date: 2014-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Wesley Person Person Law Firm, Lawrenceville, for appellant.
    for defendant: Peter Skandalakis, District Attorney, Newnan, and Timothy Marlow District Attorney's Office, Carrollton, for appellee.
    Case Number: A14A1304; A14A1305

    Although the State failed to prove venue on one of the defendant's nine child molestation convictions, the State may retry him for this crime, since evidence of venue does not invoke double jeopardy

  • Mikell v. State of Ga.

    Publication Date: 2014-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Dennis Dozier and Bethany Hillis Law Office of Dennis Dozier, Rincon, for appellant.
    for defendant: Richard Mallard, District Attorney, and Joseph Black, Assistant District Attorney, Statesboro, for appellees.
    Case Number: A14A1153

    The record did not show whether the trial court performed the mandatory detailed analysis required by Howell v. State of Ga., 283 Ga. 24 2008 in determining whether the forfeiture of the defendant's

  • Razavi v. Merchant

    Publication Date: 2014-12-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Stanley Kreimer, Atlanta, for appellant.
    for defendant: Charles Joyner, Buford, for appellees.
    Case Number: A14A1177

    The trial court erred in awarding attorneys' fees to the defendants pursuant to O.C.G.A. § 9-15-14 b, as it failed to make the proper findings of fact and conclusions of law, did not determine the r

  • Payne v. State

    Publication Date: 2014-12-09
    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: Layla Zon, District Attorney, Covington, and Elizabeth Grofic Solicitor General's Office, Decatur, for appellee.
    Case Number: A14A0763

    The trial court should have merged the defendant's robbery by force and robbery by intimidation convictions for sentencing pur