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  • In the Interest of T. H.

    Publication Date: 2011-09-16
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James K. Luttrell, Canton, for appellant.
    for defendant: Mark O. Shriver IV Shriver & Gordon PC and Lisa B. Rudolph, Woodstock, for appellee. Other party representation: Darrell R. Caudill Jr., Canton.
    Case Number: A11A1028

    The trial court did not abuse its discretion in dismissing the biological mother's appeal from the denial of her motion for new trial following the grant of a petition to terminate her parental rig

  • Bethel v. Fleming

    Publication Date: 2011-07-29
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Howard W. Indermark, Avondale Estate, for appellant. Leonora Grant, Assistant District Attorney, Decatur, for appellee. Other party representation: Susan B. Ellis, Decatur.
    for defendant:
    Case Number: A10A2104

    Magistrate judges are required to admit and weigh hearsay evidence in preliminary hea

  • Damerow v. State

    Publication Date: 2011-07-22
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John G. Wolinski, Hahira, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, and Michael L. Bankston, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: A11A0338

    The defendant failed to show prejudice from error in admitting testimony of the victim's mother, investigating officer, forensic interviewer and family counselor about the victim's disclosures regar

  • Rhone v. State

    Publication Date: 2011-07-08
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kenny Rhone, Decatur, proceeded pro se. R. Javoyne Hicks, District Attorney, and Jessica K. Rock, Assistant District Attorney, Decatur, for appellee.
    for defendant:
    Case Number: A11A0677

    The trial court properly dismissed the defendant's motion to withdraw his plea since the new term of court had begun and trial court was without jurisdiction to enterta

  • Wheeler v. State

    Publication Date: 2011-02-04
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A10A2211

    The evidence supported the defendant's convictions for possession of less than one ounce of marijuana and possession of a sawed-off shotgun because the defendant admitted that the contraband belonge

  • Johnson v. State

    Publication Date: 2011-01-07
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John G. Edwards, Valdosta, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, for appellee.
    Case Number: A10A1949

    The trial court did not impose an impermissibly harsher sentence on remand because the defendant's new sentence did not increase either in count or in the aggr

  • Scoggins v. State

    Publication Date: 2010-12-03
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ramon Alvarado and Kavan S. Grover, Lawrenceville, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, Marietta, and Erica K. Dove Solicitor General's Office, Lawrenceville, for appellee.
    Case Number: A10A1427

    Police had probable cause to arrest the defendant for DUI-less safe under the circumst

  • Barnes v. Morgantown Baptist Ass'n Inc.

    Publication Date: 2010-12-03
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Brad C. Kaplan and James I. Seifter, Marietta, for appellant.
    for defendant: . Joseph C. Parker Downey & Cleveland, Lisa K. Whitfield Hicks, Casey & Foster PC, Marietta, Barbara A. Marschalk Drew, Eckl & Farnham, William E. Gray II Gray, King, Chamberlin & Martineau LLC, Heather H. Miller Carlock, Copeland & Stair LLP, Assunta S. Fiorini Dennis, Corry, Porter & Smith LLP, David T. Markle Mabry & McClelland LLP, Brian C. McCarthy, Atlanta, Michael D. Birchmore, Blue Ridge, and Laura V. Benesh, Suwanee, for appellees. Other party representation: Sarah-Elizabeth Herrup Drew, Eckl & Farnham LLP, Sarah G. Adle Gray, King, Chamberlin & Martineau LLC, Atlanta, Mary E. Priest Downey & Cleveland LLP, Marietta, and William R. Youngblood, Suwanee.
    Case Number: A10A1092; A10A1093

    The retaining wall off of which the decedent and his bicycle fell was an open and obvious condition, which the decedent could have avoided by the exercise of ordinary

  • Watkins v. State

    Publication Date: 2010-12-03
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lee W. Fitzpatrick, Kennesaw, for Watkins. Carl P. Greenburg Metro Conflict Defender, Atlanta, for Thomas. Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    for defendant:
    Case Number: A10A2236; A10A2312

    Under the doctrine of transferred intent, the evidence supported the defendant's conviction for aggravated assault, even though he did not intend to shoot victim and victim did not anticipate receiv

  • Naraine v. City of Atlanta

    Publication Date: 2010-11-05
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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