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  • Sallee v. State

    Publication Date: 2014-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A1439

    The evidence supported the attorney's conviction for insurance fraud, since the record showed that the attorney encouraged the seller of real property destroyed by fire to file an insurance claim on

  • Dogan v. Buff

    Publication Date: 2014-11-25
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Sidney Moore, Darren Summerville Summerville Moore PC, Atlanta, Michael Werner, and Mark Link Hertz Link & Smith PC, Tucker, for appellant.
    for defendant: Andrew Capobianco, Brian Duva Mozley Finlayson & Loggins LLP, Brian Moore Drew Eckl & Farnham, and Kay Thompson Sharon W. Ware & Associates, Atlanta, for appellees.
    Case Number: A14A0806

    Factual questions remained regarding whether the defendant truck driver, who rear-ended the plaintiff's van, was following too closely and thus failed to exercise ordinary

  • Davis v. State

    Publication Date: 2014-11-10
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kevin Armstrong Public Defender's Office, Albany, for appellant.
    for defendant: Gregory Edwards, District Attorney, Albany, for appellee.
    Case Number: A14A0814

    The State did not violate O.C.G.A. § 17-5-56 by destroying the biological material collected after the rape victim's abo

  • Conley v. State

    Publication Date: 2014-10-02
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James Bischoff Bischoff Law LLC, Fayetteville, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, and Kathryn Powers, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A14A1237

    The trial court did not err in denying the defendant's motion for a directed verdict on the aggravated sodomy counts against him because the evidence was sufficient to establish the element of forc

  • Culbreath v. State

    Publication Date: 2014-08-12
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lawrence Zimmerman, Atlanta, and Christopher Geel, Mount Pleasant, S. C., for appellant.
    for defendant: D. Victor Reynolds, District Attorney, Marc Cella, and Amelia Pray, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A14A0349

    In holding that the defendant's aggravated assault conviction should have merged with his attempted armed robbery conviction, the Court found that the statutory provision for the victim's age did no

  • Trammell v. State

    Publication Date: 2014-08-01
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Akil Secret The Secret Firm PC, Atlanta, for appellant.
    for defendant: Robert James, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A13A1153

    The trial court properly denied the defendant's motion for mistrial based on prosecutorial misconduct, since the trial court gave curative instructions to the jury to disregard the victim's testimon

  • Georgia Prof'l Standards Comm'n v. James

    Publication Date: 2014-07-22
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Dennis R. Dunn, Deputy Attorney General, Stefan Ritter, Senior Assistant Attorney General, and Jennifer Colangelo Attorney General's Office, Atlanta, for appellant.
    for defendant: Jon Forehand Allen & Forehand, Moultrie, and Christopher West, Thomasville, for appellee.
    Case Number: A14A0223

    The former school principal had sufficient notice of the matters presented at the administrative hearing to revoke his teaching certificate, namely his inappropriate physical contact with and commen

  • Cumberland Contractors Inc. v. State Bank Trust Co.

    Publication Date: 2014-04-02
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A2221; A13A2222

    The trial court erred in denying the defendants' motion to enforce a purported settlement agreement set forth in an email from the plaintiff, even though the defendants declined to sign the subseque

  • Broyard v. State

    Publication Date: 2014-03-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Brandon Lewis, Norcross, for appellant.
    for defendant: James Wright, District Attorney, and Ralph Bailey District Attorney's Office, McDonough, for appellee.
    Case Number: A13A2318

    The defendant's conviction for the aggravated assault of a fast food restaurant manager was included in and merged with his armed robbery conviction as a matter of

  • Hickey v. State

    Publication Date: 2013-12-30
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Russell Walker, Perry, for appellant.
    for defendant: George Hartwig, District Attorney, Perry, and Venita McCoy, Assistant District Attorney, Warner Robins, for appellee.
    Case Number: A13A2365

    Evidence about how a detention center handled the defendant and another detainee after the two detainees got into a fight was not relevant to a determination of the defendant's intent or lack thereo