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  • Taylor v. Padgett

    Publication Date: 2009-10-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Shawn D. Bible, Ringgold, for appellant.
    for defendant: John S. Husser, Rome, for appellee.
    Case Number: A09A1384

    The juvenile court lacked personal jurisdiction over the mother based on its improper grant of service by public

  • Brewster v. State

    Publication Date: 2009-10-09
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Benjamin A. Davis Jr., Atlanta, for appellant.
    for defendant: . William K. Wynne Jr., District Attorney, and T. Buckley Levins, Assistant District Attorney, Covington, for appellee.
    Case Number: A09A0889; A09A0890; A09A0891; A09A0892

    The state proved venue through the testimony of the arresting Georgia State Patrol of

  • Rainbow USA Inc. v. Cumberland Mall LLC

    Publication Date: 2009-10-09
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Joseph C. Chancey Drew, Eckl & Farnham LLP, Atlanta, for appellant.
    for defendant: Luke A. Kill Andre & Blaustein LLP and Andrew M. Gibson Alston & Bird, Atlanta, for appellee.
    Case Number: A09A0831

    A mall could not use a new free-standing warehouse store as a comparable replacement for a mall anchor store with regard to its mall tenant's lease, which allowed the tenant to pay a lower rent if t

  • State v. Porter

    Publication Date: 2009-10-02
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and Stephany J. Luttrell, Assistant District Attorney, Atlanta, for appellant.
    for defendant: Jimmonique R. Rodgers Georgia Public Defender Standards Council and Janet W. Hankins, Atlanta, for appellee.
    Case Number: A09A1508

    The 8-year delay between the defendant's initial arrest and his initial trial date was presumptively prejud

  • Sims v. State

    Publication Date: 2009-09-04
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: David F. Dickinson Dickinson, Mixson & Willis, Monroe, for appellant.
    for defendant: William K. Wynn Jr., District Attorney, Covington, and Anthony C. Lee Prosecuting Attorney's Council of Ga., Atlanta, for appellee.
    Case Number: A09A1077

    The state invoked the forfeiture hearing within the required 60 days of service of its complaint by forwarding a blank Rule Nisi to the trial judge and asking that the trial court fix a hearing on o

  • Sims v. State

    Publication Date: 2009-09-04
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, James L. Wright III and Alicia C. Gant, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A09A0793

    Under the circumstances, the trial court did not abuse its discretion in ruling that the defendant was not coerced into pleading guilty on the basis of his plea counsel's lack of prepar

  • Johnson v. State

    Publication Date: 2009-09-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Layla H. Zon, Assistant District Attorney, Covington, for appellee.
    Case Number: A09A1049

    The co-defendant attempted to take the underaged victim's car at gunpoint and, when he failed, he fled to the defendant's nearby waitin

  • Zuniga v. State

    Publication Date: 2009-09-04
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Linda T. Day and Karlyn Skall, Lilburn, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A1245

    The language in the defendant's indictment only required the state to prove that he transmitted herpes to the then 4-year-old v

  • In the Interest of K. F.

    Publication Date: 2009-08-28
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Anton L. Rowe Rowe & Rowe & Thomas LLC, Stone Mountain, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Thomas L. Williams, Assistant District Attorney, McDonough, for appellee.
    Case Number: A09A1111

    The juvenile court judge lacked jurisdiction to modify the juvenile's commitment order on the grounds raised-significant changes and rehabilitation-under O.C.G.A. § 15-11-40 b, since the juvenile wa

  • Buggle v. State

    Publication Date: 2009-08-21
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Steve B. Mizerak, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and David E. Boyle, Assistant District Attorney, Monroe, for appellee.
    Case Number: A09A1416

    The defendant was not entitled to a sua sponte charge on no duty to re