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  • Green v. Home Depot U.S.A. Inc.

    Publication Date: 2006-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Millard C. Farmer Jr., Atlanta, for appellant.
    for defendant: Lloyd B. Hedrick Jr. and Evan R. Mermelstein Gray, Hedrick & Edenfield LLP, Atlanta, for appellees.
    Case Number: A05A2096

    The plaintiff failed to show that a home store had actual or constructive notice of the alleged hazard-a box of light bulbs that fell on the plaintiff's head from an overhead

  • Montgomery v. State

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gerald B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A0627

    The officer who conducted a pat-down search of the defendant had a reasonable belief that the defendant might be armed, given his connection with a car-jacked vehicle, which the officer st

  • Connell v. State

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ronald R. Parker, Assistant Pub. Defender, Bainbridge, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, and Samuel M. Olmstead District Attorney's Office, Bainbridge, for appellee.
    Case Number: A06A0210

    The defendant was not in custody for Miranda purposes simply from being pulled over and temporarily detained at a traffic

  • In the Interest of E. R.

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Valerie Brown-Williams Brown-Williams & Assocs., Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, Matthew Breedon, Assistant District Attorney, and Gregory W. Edwards District Attorney's Office, Albany, for appellee.
    Case Number: A06A0774

    The juvenile participated in an attack on another juvenile's grandmother, in which one of the assailants struck the grandmother with a sh

  • Jones v. State

    Publication Date: 2006-05-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Virginia W. Tinkler, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A0060

    The record did not support the defendant's allegation that the trial court erroneously charged on justification by tailoring it as a defense to hom

  • In the Interest of Z. H.

    Publication Date: 2006-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jon C. Rhoades, LaGrange, and Jerry F. Pittman Public Defender's Office, Carrollton, for appellant.
    for defendant: Nina M. Baker, Solicitor General, for appellee.
    Case Number: A06A0163

    The then 12-year-old juvenile made physical contact with the 4-year-old victim by thrusting his groin against her groin

  • Green v. Home Depot U.S.A. Inc.

    Publication Date: 2006-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Millard C. Farmer Jr., Atlanta, for appellant.
    for defendant: Lloyd B. Hedrick Jr. and Evan R. Mermelstein Gray, Hedrick & Edenfield LLP, Atlanta, for appellees.
    Case Number: A05A2096

    The plaintiff failed to show that a home store had actual or constructive notice of the alleged hazard-a box of light bulbs that fell on the plaintiff's head from an overhead

  • Maddox v. State

    Publication Date: 2006-03-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A0107

    The defendant could not receive separate sentence for two aggravated assaults on the same victim, which used the same evidence to establish

  • Kirschner & Venker PC v. Taylor & Martino PC

    Publication Date: 2006-02-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Barry B. McGough, Atlanta, for appellant.
    for defendant: Baxter L. Davis Davis, Matthews & Quigley, and William U. Norwood III Pope, McGlamry, Kilpatrick & Morrison LLP, Atlanta, for appellees.
    Case Number: A05A2283

    The plaintiff had no cause of action for an equal share of a $1.5 million contingency fee, because the underlying client fired the plaintiff before any settlement was reached in his

  • Southern Empire Homes Inc. v. Ognio Grading Inc.

    Publication Date: 2006-01-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert K. Prater R. Keith Prater PC, Newnan, for appellant.
    for defendant: Mark D. Gropp Wasson, Sours & Harris PC, Atlanta, for appellee.
    Case Number: A05A2299

    The trial court lacked discretion to deny the defendant's written request for oral argument on the plaintiff's motion for summary jud