Filter This View

  • Jackson v. State

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Nigel R. Lush and Leonora Grant, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A06A1978

    The defendant's plea in bar was properly denied because his trial counsel's decision to request a mistrial was not the result of any improper conduct by the

  • Hammond v. State

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James E. Millsaps, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Monroe, and Eric C. Crawford, Athens, for appellee.
    Case Number: A06A2057

    The victim's conflicting testimony at the motion for new trial hearing is insufficient to establish that her trial testimony was per

  • Homes of Ga. Inc. v. Humana Employers. Health Plan of Ga.

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kenneth S. Canfield and David S. Hagy Doffermyre, Shields, Canfield, Knowles & Devine, Atlanta, for appellant.
    for defendant: Richard L. Shackelford, Barry Goheen, Benjamin W. Pope and Tara L. Adyanthaya King & Spalding LLP, Atlanta, for appellees.
    Case Number: A06A1573

    ERISA does not preempt the plaintiff's state law claims against its in

  • Daniel v. State

    Publication Date: 2006-12-01
    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, Monroe, and Melanie B. McCrorey, Assistant District Attorney, Covington, for appellee.
    Case Number: A06A1939

    The defendant was driving at a high rate of speed with only one headlight on, he crossed a double yellow line to pass another vehicle and he continued driving recklessly after the officer activated

  • Hopson v. State

    Publication Date: 2006-09-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lee Sexton and J. Scott Key Sexton, Key & Hendrix PC, Stockbridge, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Ayana C. Curry, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A06A1585

    The trial court properly charged the jury on the victim's capacity to co

  • Dasher v. State

    Publication Date: 2006-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Converse Bright, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Bradfield M. Shealy, Senior Assistant District Attorney, and Tracy K. Chapman, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A06A1084

    The trial court did not reversibly err in charging the jury on identification with language which was disapproved of in Brodes v. State, 279 Ga. 435 2005, since ample evidence connected the defendan

  • Redman v. State

    Publication Date: 2006-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Christopher G. Paul, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Sharon M. Fox, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A06A1479

    The defendant opened the door to all evidence of his character, including his prior juvenile adjudication for child molestation, when he chose to have a character witness testify on his b

  • Miller v. State

    Publication Date: 2006-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Christopher M. Quinn, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A06A1360

    The trial court properly limited Miller's closing argument to one hour, since he was not indicted for a crime punishable by

  • State v. Williams

    Publication Date: 2006-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Richard W. Shelton, Solicitor, and Sandra K. Guest, Assistant Solicitor General, Valdosta, for appellant.
    for defendant: Nicola M. Bajalia, Valdosta, for appellee.
    Case Number: A06A1514

    The officers exceeded the permissible scope of a Terry pat-down search when they asked for permission to search the defendant for the specific purpose of determining whether he was in possession of

  • Price v. State

    Publication Date: 2006-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lloyd J. Matthews, Jonesboro, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Sandra G. Rivers, Assistant District Attorney, McDonough, for appellee.
    Case Number: A06A1550

    Ample evidence in the record supported the trial court's finding that the defendant's plea was knowing, voluntary and unco