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  • Johnson v. State

    Publication Date: 2002-10-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Victoria D. Little, Decatur, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A02A1588; A02A1589

    The trial court improperly declared a mistrial in defendant's first criminal prosecution where defense counsel's conduct, though contemptuous, did not make it impossible for the trial to pr

  • In the Interest of K. C. H.

    Publication Date: 2002-10-04
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Laura R. Gailey Moulton & Massey LLC, Eatonton, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Laura W. Hyman, Assistant Attorneys General, Atlanta, and John R. Laseter, Special Assistant Attorney General, Monroe, for appellee. Other party representation: Lisa M. Baig, Covington, Douglas L. Price, Milledgeville, and Tiffany J. Ellenberg, Madison.
    Case Number: A02A1575

    The mother's refusal to distance her child from her husband who had molested on of her other children supported the termination of her parental r

  • In the Interest of H. H.

    Publication Date: 2002-09-06
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Sherry H. Campbell, Warner Robins, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Shalen S. Nelson, Laura W. Hyman, Assistant Attorneys General, Atlanta, Walter G. Sammons Jr. and T. Rabb Wilkerson III, Warner Robins, for appellee.
    Case Number: A02A1612

    The parents' squalid living conditions posed a serious health risk to their children and supported the termination of their parental r

  • Kelly v. State

    Publication Date: 2002-06-28
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Eric R. Gotwalt Zipperer & Lorberbaum PC, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Michael K. Dennard, Assistant District Attorney, Savannah, for appellee.
    Case Number: A02A0816

    The victim positively identified the defendant as the man who came to the residence where she was visiting, dragged her into the backyard and slit her t

  • Hill v. Centennial/Ashton Properties Corp.

    Publication Date: 2002-03-29
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John A. Roberts The Roberts Law Firm, Atlanta, for appellant.
    for defendant: . John K. Train IV Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Thomas A. Graham, Atlanta, and Warren R. Hinds, Roswell, for appellees.
    Case Number: A01A2434

    The express language of the parties' contingency fee a nt provided for the calculation of attorneys' fees based on the attorney's hourly rate for work she performed prior to termination of the

  • Phillips v. South West Mechanical Contractors Inc.

    Publication Date: 2002-03-29
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Douglas R. Powell, Debra K. Haan Hinton & Powell, and Scott E. Tinnon, Atlanta, for appellant.
    for defendant: . William P. Tinkler Jr., Decatur, Robert F. Dangle Price, Pyles, Dangle, Parmer & Rooks, Carrollton, Charles A. Wiley Jr. and James A. Rice Jr. Fain, Major, Wiley & Brennan PC, Atlanta, for appellees.
    Case Number: A01A1935

    Plaintiffs' wrongful death claim arising out of an accident involving an stolen ATV and a disabled dump failed because there was no evidence that defendant was negligent in leaving the disable

  • In the Interest of R. W. & W. W.

    Publication Date: 2002-03-15
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kelley S. Powell, Hampton, and Martin C. Jones Webb, Stuckey & Lindsey LLC, Peachtree City, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and W. Ashley Hawkins, Special Assistant Attorney General, Forsyth, for appellee. Other party representation: Wilson H. Bush Bush & Smith, Jackson.
    Case Number: A01A2410

    Evidence that the children lived in a trash-filled home with a broken toilet and that the mother left them unsupervised supported the termination of the mother's parental r

  • Kmart Corp v. Merriweather

    Publication Date: 2002-03-15
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James C. Grant, Nowell D. Berreth and Jeffrey J. Swart Alston & Bird LLP, Atlanta, for appellant.
    for defendant: . John B. Levy and Michael Weinstock Weinstock & Scavo PC, Atlanta, for appellees.
    Case Number: A01A2298

    The Court could not consider defendants' challenge to the sufficiency of the evidence because they failed to include all of the evidence presented at trial in the appellate r

  • Fleshe v. State

    Publication Date: 2002-03-15
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Deborah F. Weiss Chandler & Britt LLC, Buford, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A01A2131

    Defendant was not entitled to a sua sponte competency hearing where he displayed no irrational behavior at trial and no prior medical opinion indicated that he was incompetent or mentally imp

  • In the Interest of K. R. S. & K. C. H.

    Publication Date: 2002-03-01
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kathryn A. Hall, Rebecca R. Crowley, Waycross, Phyllis J. Holmen, Lisa J. Krisher and Vicky O. Kimbrell, Atlanta, for appellant.
    for defendant: Other party representation: John B. Brewer III, Hazlehurst, and Franklin D. McCrae, Alma.
    Case Number: A02A0617

    The juvenile court lacked jurisdiction to decide the maternal grandparents' deprivation petition since allegations raised therein pertained to the circumstances existing prior to the mother's death