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  • McBurrows v. State

    Publication Date: 2013-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John Kraus, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Peggy Katz, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A13A1558

    Based on the totality of the circumstances, officers had a reasonable suspicion to believe that the vehicle and its occupants, including the defendant, were about to engage in criminal act

  • Wade v. Allstate Fire & Cas. Co.

    Publication Date: 2013-11-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John Hadden Turkheimer & Hadden LLC, Atlanta, and Scott Williamson The Williamson Law Firm, Alpharetta, for appellant.
    for defendant: Jeffrey Leasendale Allen & Associates, Atlanta, for appellee. Other party representation: Nanci Corsi, Atlanta.
    Case Number: A13A0827

    The trial court erred in finding that the insurer was not required to pay underinsured motorist benefits based on the plaintiff insured's failure to exhaust the limits of insurance liability protect

  • Dewrell Sacks LLC v. Chicago Title Ins.

    Publication Date: 2013-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A0901; A13A0902

    Questions of fact remained as to whether the plaintiff intended to rescind the individual defendant's personal guaranty to fully indemnify a title insurance company for any and all loss it sustained

  • Fleming v. State

    Publication Date: 2013-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James Luttrell, Canton, for appellant.
    for defendant: James McDade, District Attorney, and Jeffrey Gore, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A13A1203

    The defendant was not entitled to a jury charge on defense of habitation as to his conviction for criminal damage to property in the second degree, since such defense does not apply to the use of fo

  • Facility Invs. LP v. Homeland Ins. Co. of N.Y.

    Publication Date: 2013-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Scott Bertschi Arnall, Golden & Gregory, Atlanta, for appellant.
    for defendant: . Kenan Loomis Cozen O'Connor, Atlanta, for appellee.
    Case Number: A12A2377

    The insurance company waived its right to recoup amounts it paid to resolve claims against the insured that were not covered under the insurance policy when it made the payment with knowledge of the

  • Ellicott v. State

    Publication Date: 2013-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Bernard S. Brody Brody Law Firm, Atlanta, for appellant.
    for defendant: Scott L. Ballard, District Attorney, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A12A2036

    The defendant could not present evidence of his reputation for nonviolence from the two proffered witnesses, since neither of them were familiar with the defendant's reputation in the community in w

  • Lovell v. Georgia Trust Bank

    Publication Date: 2012-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Sherri Buda and Simon Bloom The Bloom Sugarman Everett LLP, Atlanta, for appellant.
    for defendant: Paul Durdaller and Amy Weber Taylor English Duma LLP, Atlanta, for appellee.
    Case Number: A12A1234

    The documents, which the defendant sought to compel in this suit to recover the principal and interest due on a promissory note, were inadmissible under the parol evidence rule, since the plaintiff

  • Riggs v. State

    Publication Date: 2012-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A1662

    The trial court properly denied the defendant's motion to withdraw his guilty plea, as the defendant had confirmed that he understood the charges pending against him, the rights that he was waiving

  • Smith v. State

    Publication Date: 2012-10-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Edward Dettmar Public Defenders Standard Council, Cartersville, for appellant.
    for defendant: Leigh Patterson, District Attorney, and Natalee Staats, Assistant District Attorney, Rome, for appellee.
    Case Number: A12A1083

    The evidence supported the finding that the defendant and her co-defendant were involved in a scheme to cash stolen c

  • Sabb v. State

    Publication Date: 2012-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William Sheppard, Tucker, for appellant.
    for defendant: Daniel Porter, District Attorney, and Marlene Zekser, District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A12A0904

    The evidence sufficiently established that the defendant had joint constructive possession of cocaine found in her renta