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  • Smith v. State

    Publication Date: 2002-01-11
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John T. Strauss, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A01A2404

    A co-conspirator's taped telephone conversations that took place within 1 hours of the crime were admissible, even though the statements related to past facts, since the state presented independent

  • Hayes v. State

    Publication Date: 2002-01-04
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Hugh O. Morris Jr., Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, and Gregory W. Edwards, Chief Assistant District Attorney, Albany, for appellee.
    Case Number: A01A1690

    The trial court properly admitted the victim's tape recorded interview with police because she testified at trial and defendant had an opportunity to cross-examin

  • Mijares v. State

    Publication Date: 2002-01-04
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ricky W. Morris Jr., Jonesboro, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, James L. Wright III and Thomas R. McBerry, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A01A2384

    The officer's actions in approaching the defendant and in asking if he could pat him defendant down did not rise to the level of a Terry

  • Melton v. State

    Publication Date: 2001-11-02
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Walter K. Melton, Macon, proceeded pro se. Patrick H. Head, District Attorney, and Amelia G. Pray, Assistant District Attorney, Marietta, for appellee.
    for defendant:
    Case Number: A01A1571

    Defendant failed to show any discriminatory purpose in the trial court's imposition of a sentence that was authorized by law for his conviction for kidnapping with bodily i

  • In the Interest of J. M.

    Publication Date: 2001-09-14
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Joseph I. Carter, Tifton, 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 Melanie B. Cross Simpson & Cross, Tifton, for appellee.
    Case Number: A01A1119

    The Court reinstated the biological mother's parental rights because DFACS failed to present any evidence that her children would be seriously affected by her continuing parental relationship or th

  • In the Interest of M. C. L.

    Publication Date: 2001-08-31
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lisa A. Redlin McNally, Edwards, Bailey & Lander, Monroe, and Joseph S. Rhymer, Loganville, 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: Sheryl D. Fambrough, Lawrenceville, and G. Randolph Jeffery John W. Spence PC, Monroe.
    Case Number: A01A1336; A01A1337

    A couple's repeated incarcerations for various criminal offenses and their failure to comply with the reunification plan supported the termination of their parental r

  • Harvey v. State

    Publication Date: 2001-08-24
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Carl P. Greenberg, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and George W. K. Snyder Jr., Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A01A1232

    The trial court properly admitted evidence of two similar robberies to show defendant's intent, modus operandi and course of co

  • Riley v. State

    Publication Date: 2001-08-24
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Steven E. Phillips, Public Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Bettieanne C. Hart, Deputy District Attorney, Atlanta, for appellee.
    Case Number: A01A0924

    Defense counsel's attorney stating that the trial court failed to review the lead investigator's files on remand lacked probative value because it was replete with inadmissible he

  • Jenkins v. State

    Publication Date: 2001-08-24
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William T. Payne, Decatur, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A01A1429

    The trial court did not clearly err in determining that defendant's custodial statement was voluntary based on the investigators' testimony that they did not threaten to take defendant's children

  • Carson v. State

    Publication Date: 2001-08-17
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Patricia F. Angeli, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Bonnie K. Smith, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A01A1032

    The court properly excluded irrelevant evidence that the arresting officer made an improper statement to potential jurors during defendant's first