• In the Interest of J. A. S.

    Publication Date: 2007-08-24
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William B. Barnwell Avrett, Ponder & Withrock, Dalton, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Bruce A. Kling, Dalton, for appellee.

    Case Number: A07A1056; A07A1057

    The mother's and father's drug use, lack of a meaningful parental bond with the child, failure to pay child support, maintain stable housing, complete recommended psychological treatment, and to com

  • Wright v. K-Mart Corp.

    Publication Date: 2007-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Hugh Gordon, Tifton, for appellant.
    for defendant: . Nichole W. Stout, Atlanta, for appellees. Other party representation: John J. Makowski Chambless, Higdon, Richardson, Katz & Griggs, Macon, and Robert B. Langstaff Jr., Albany.

    Case Number: A07A0229

    The plaintiff had equal knowledge of the defendant's store's shelving unit on which he tripped and

  • State v. Stewart

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Carmen D. Smith, Solicitor General, Oliver E. Murray and R. Leon Benham, Assistant Solicitors General, Atlanta, for appellant.
    for defendant: Monte K. Davis, Roswell, for appellee.

    Case Number: A07A0232

    Drivers are entitled to be advised of their rights under the implied consent law; however, the law does not require the arresting officer to ensure that the driver understands the implied consent n

  • Jones v. State

    Publication Date: 2007-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert L. Persse, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Gina M. McNabnay, Daphne H. Jarriel, Assistant District Attorneys, Statesboro, and Richard W. Calhoun Brock, Clay, Calhoun, Wilson & Rogers, Marietta.

    Case Number: A07A0154

    Evidence that defendant paid a store clerk $50 to activate a cell phone for him, without obtaining prior credit approval, was insufficient to support his financial identity fraud convi

  • Edmondson v. State

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Daniel R. Partain, Public Defender, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Layla V. Hinton, Assistant District Attorney, Covington, for appellee.

    Case Number: A07A0032

    The trial court did not err in refusing to merge the defendant's driving a vehicle with defective equipment convictions, since different facts proved each conviction for which he was sent

  • Burdett v. State

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Charles K. Wood Jr., Jonesboro, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, and Deborah R. Fluker, Assistant District Attorney, Gainesville, for appellee.

    Case Number: A07A0721

    The defendant withdrew or waived his speedy trial demand when his counsel filed a ' "Motion to Withdraw Demand For a Speedy Trial" ' and requested a continuance of the defendant's trial shortly there

  • Rogers v. State

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Scott Key Sexton, Key & Hendrix PC, Stockbridge, for appellant.
    for defendant: Richard G. Milam, District Attorney, Jackson, and Jason S. Johnston, Assistant District Attorney, Forsyth, for appellee. Other party representation: Sarah L. Gerwig-Moore Mercer Law School, Macon.

    Case Number: A07A0551

    Evidence that the defendant pawned a stolen bicycle in 2003 was admissible at his trial for burglary in which the state presented evidence that the defendant pawned the stolen

  • Casanova v. State

    Publication Date: 2007-06-08
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jerome D. Lee Hernan Taylor & Lee, Roswell, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.

    Case Number: A07A0298

    The defendant admitted to police that he obtained the 442 grams of methamphetamine that his codefendant brought to a prearranged buy from his supplier and that he intended to pay his supplier $9K af

  • Touchton v. Bramble

    Publication Date: 2007-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jack J. Helms Jr. Helms & Helms PC and Berrien L. Sutton, Homerville, for appellant.
    for defendant: . W. Pope Langdale III Langdale & Vallotton LLP and James L. Elliott Elliott & Blackburn PC, Valdosta, for appellee.

    Case Number: A06A2217

    An amusement park was entitled to summary judgment for the plaintiff's claim arising from his arrest for indecent exposure, because the park neither directed nor controlled the actions of the deputy

  • Anthony v. State

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Wystan B. Getz Oakhurst Law Group of Getz LLC, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.

    Case Number: A06A1694

    The trial court did not violate O.C.G.A. § 17-8-57 in characterizing the defendant's testimony as evasive and instructing him to give direct responses on cross-examin