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  • Childers v. State

    Publication Date: 2002-09-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James K. Luttrell and Gregory A. Hicks, Woodstock, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Cecelia Harris, Assistant District Attorney, Canton, for appellee.
    Case Number: A02A1924

    Defendant was not entitled to cross-examine the victim's mother, his ex-wife, about her irrelevant spending practices during their mar

  • Weir v. State

    Publication Date: 2002-09-27
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Tina M. Richards, Smyrna, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, Jessica K. Moss, Chief Assistant Solicitor General, and Jeffrey B. Grabble, Assistant Solicitor General, Marietta, for appellee.
    Case Number: A02A2086

    Defendant continued driving until he reached his apartment complex, even though he heard the arresting officer's siren, saw the flashing blue lights and understood that the officer was trying to eff

  • Humphrey v. State

    Publication Date: 2002-09-20
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jeremy A. Moulton, Conyers, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Brian K. Ross, Assistant District Attorney, Covington, for appellee.
    Case Number: A02A1587

    The trial court considered inadmissible hearsay evidence in denying defendant's request for first offender trea

  • Blount v. State

    Publication Date: 2002-09-20
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Lee Sexton and Joseph S. Key Sexton & Morris PC, Jonesboro, for appellant.
    for defendant: Steven L. Harris, Solicitor General, Fayetteville, for appellee.
    Case Number: A02A1307

    The officer had probable cause to stop defendant under the totality of the circumstances because he was looking for a suspect who entered a vehicle and defendant was driving a dew-covered truck whic

  • Heard v. State

    Publication Date: 2002-09-20
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thomas O. Humphries Jr. Newton County Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A02A1644

    The trial court did not charge a separate method of committing aggravated assault in defining both methods of committing simple assault—the lesser included of

  • Tackett v. State

    Publication Date: 2002-09-20
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Alfred F. Zachry, LaGrange, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Lydia S. Caldwell, Assistant District Attorney, LaGrange, for appellee.
    Case Number: A02A0865

    The state failed to establish venue with regard to one out of six counts of aggravated child molest

  • Lyons v. State

    Publication Date: 2002-09-20
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Clark C. Adams Jr., Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and Melvin E. Hyde Jr., Assistant District Attorney, Columbus, for appellee.
    Case Number: A02A1743

    The trial court erred in denying defendant's motion to suppress evidence seized under warrant where the warrant did not provide details establishing probable cause to s

  • State v. Serio

    Publication Date: 2002-09-13
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Gerald N. Blaney Jr., Solicitor, Gary S. Vey and Jonathan D. Aurelia, Assistant Solicitors, for appellant.
    for defendant: Monte K. Davis, Atlanta, for appellee.
    Case Number: A02A1460

    The state's appeal was proper under O.C.G.A. § 5-7-1 a 1 since the order transferring defendant's DUI case back to recorder's court effectively dismissed her state court accus

  • Freeman v. State

    Publication Date: 2002-09-13
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Patrick C. Kaufman, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, and Charles K. Higgins, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A02A1226

    Defendant pulled out a gun, told the victim he had three seconds to leave, fired one shot into the air and then pointed the gun at the victim and shot him in the

  • Carlisle v. State

    Publication Date: 2002-09-06
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A02A0872

    After defendant withdrew her bargained-for guilty the state could try her on charges that were nolle prossed as part of that