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  • Bearden v. State

    Publication Date: 2012-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John Nuckolls Nuckolls & Nuckolls LLC, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, and Anna G. Cross, Assistant District Attorney, Marietta, for appellee.
    Case Number: A12A0753

    The defendant received almost $55K in checks to begin construction of two families' modular and then abandoned the projects without accomplishing any task towards completion of the

  • Goddard v. State

    Publication Date: 2012-05-25
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Anthony Carter Public Defender's Office, Monroe, for appellant.
    for defendant: Layla Zon, District Attorney, and Melanie Bell, Assistant District Attorney, Covington, for appellee.
    Case Number: A12A0504

    The Court vacated the denial of the defendant's speedy trial motion because the trial court erred in calculating the pretrial delay and misapplied the Barker v. Wingo fa

  • State v. Hipp

    Publication Date: 2012-03-16
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William J. Langley, District Attorney, Blairsville, and Jeremy D. Clough, Assistant District Attorney, Hiawassee, for appellant.
    for defendant: Jeffrey L. Wolff, Dahlonega, for appellee.
    Case Number: A11A2322

    The trial court lacked the authority to grant the defendant post-conviction immunity pursuant to O.C.G.A. § 16-3

  • Hernandez Auto Painting & Body Works Inc. v. State Farm Mut. Auto. Co.

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mason White Brennan, Harris & Rominger, Savannah, Kyle G. Wallace Alston & Bird LLP, Atlanta, and Robert H. Schultz Jr. Heyl, Royster, Voelker & Allen PC, Edwardsville, Ill., for State Farm. Robert B. Turner, Stanley Karsman Savage, Turner, Pinson & Karsman, Christopher D. Britt Tate Law Group LLC, Savannah, for Hernandez Auto. Other party representation: William V. Custer IV Bryan Cave LLP, Atlanta.
    for defendant:
    Case Number: A11A0962; A11A0963

    The trial court erred in denying the defendants' motion to dismiss the plaintiff's claim for trade libel, as Georgia does not recognize such a

  • Jones v. Allen

    Publication Date: 2011-12-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Josh B. Wages Blasingame Burch Garrard Bryant & Ashley, Athens, for appellants. Annarita M. Busbee, Derrick L. Bingham Owen, Gleaton, Egan, Jones & Sweeney LLP, Vincent A. Toreno Rutherford & Christie LLP, Adam L. Appel, and Kim M. Ruder Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellees. Other party representation: Samuel S. Olens, Attorney General, J. David Stubins Attorney General's Office, Brynda R. Insley Insley and Race LLC, Atlanta, James S. V. Weston Trotter Jones LLP, and Floyd M. Taylor Hull, Towill, Norman, Barrett & Salley, Augusta, for appellees.
    for defendant:
    Case Number: A11A1363

    The trial court erred in finding that the defendant medical college faculty members were entitled to official immunity on the plaintiffs' medical malpractice claims, as these physicians did not esta

  • Wertz v. Allen

    Publication Date: 2011-12-09
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Donald W. Johnson The Johnson Law Firm, Fayetteville, for appellant. Julia H. Magda Sell & Melton LLP, and John A. Draughon, Macon, for appellee.
    for defendant:
    Case Number: A11A0916

    The plaintiff did not rebut the existence of conditional privilege with evidence of actual or express malice regarding his defamation claim, arising from his expulsion from a respiratory therapy pro

  • Williams v. State

    Publication Date: 2011-09-23
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Robert Stokely, Solicitor General, and Sandra N. Wisenbaker Solicitor's Office, Newnan, for appellee.
    Case Number: A11A1446

    The record supported the trial court's finding that the prosecutor did not intentionally assert incorrect evidence during closing arguments and did not intend to goad the defendant into moving for a

  • Matheson v. Braden

    Publication Date: 2011-07-22
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Peter T. Alford, LaGrange, for appellant.
    for defendant: Frank E. Jenkins III, Robert L. Walker Jenkins, Olson & Bowen PC, Cartersville, and J. Clinton Sumner Jr. Magruder & Sumner, Rome, for appellee.
    Case Number: A11A0712

    The defendant's employee was not acting within the scope of his employment with the defendant when he collided with the plaintiffs' care while driving the defendant's

  • Mallory v. State

    Publication Date: 2010-11-19
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lance D. Dutton Public Defender's Office, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Suzanne Z. Brookshire District Attorney's Office, Cartersville, for appellee.
    Case Number: A10A1130

    The state did not act in bad faith or knowingly withhold evidence when it failed to timely produce two supplemental reports prior to trial because the it gave defendant the information contained in

  • Naraine v. City of Atlanta

    Publication Date: 2010-11-05
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Horatio O. Edmondson and Yemane K. Clarke, Stone Mountain, for appellant.
    for defendant: Laura Sauriol, Tamara N. Baines and Tressa P. Marryshow City of Atlanta Law Dep't, Atlanta, for appellee.
    Case Number: A10A0862

    The city of Atlanta was entitled to sovereign immunity from the plaintiff's action alleging that the city negligently maintained a fountain and failed to remove ice from a city sidewalk, causing her