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  • Sutton v. Justiss

    Publication Date: 2008-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A07A1835

    The conflict of evidence as to whether cars were parked in such a manner as to impede the defendant's view of the plaintiff's then 2-year-old son, whom he struck with his vehicle after the

  • Range v. State

    Publication Date: 2008-03-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A07A2505

    Evidence that the defendant and two other men robbed a Greyhound bus sta icket counter at gunpoint supported the defendant's robbery convic

  • Defrancisco v. State

    Publication Date: 2008-01-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A07A1598

    The defendant removed a gun from his waistband and pointed it at an officer's midsection, causing the officer to fear for his

  • Evans v. State

    Publication Date: 2007-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, and Paige E. Boorman, District Attorney's Office, Douglasville, for appellee.
    Case Number: A07A1346

    The defendant did not knowingly and intelligently waive his right to counsel, where the trial court did not discuss possible lesser included offenses, the element of intent, the principle of parties

  • Austin v. Moreland

    Publication Date: 2007-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Henry D. Green Jr. Green, Johnson & Landers LLP, Atlanta, for Austin and others. Don C. Keenan, Charles H. Allen and Allan L. Galbraith The Keenan Law Firm, Atlanta, for Moreland and others. Other party representation: Tracy M. Field and Robert T. Strang III Arnall, Golden & Gregory LLP, Atlanta.
    for defendant:
    Case Number: A07A1206; A07A1207

    The trial court erred in finding that HIPAA precluded any ex parte communications with the prior treating physicians, regardless of whether such communications included the disclosure of protected h

  • State v. Stewart

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Carmen D. Smith, Solicitor General, Oliver E. Murray and R. Leon Benham, Assistant Solicitors General, Atlanta, for appellant.
    for defendant: Monte K. Davis, Roswell, for appellee.
    Case Number: A07A0232

    Drivers are entitled to be advised of their rights under the implied consent law; however, the law does not require the arresting officer to ensure that the driver understands the implied consent n

  • BayRock Mortgage Corp. v. Chicago Title Ins. Co.

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gary C. Harris, Clayton, for appellant.
    for defendant: Donald H. Crawford II and J. Allen Maines Paul, Hastings, Janofsky & Walker LLP, Atlanta, for appellee.
    Case Number: A07A0429

    The plaintiff failed to show that its claim for coverage under a title insurance policy constituted O.C.G.A. § 33-4-6's required' "demand for payment," ' since the claim only gave the defendant noti

  • Garza v. State

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: L. David Wolfe, Atlanta, for appellant.
    for defendant: Cecilia M. Cooper, District Attorney, Americus, for appellee.
    Case Number: A07A0434

    Evidence that the defendant moved the victim from a standing position to the floor after striking her in the head with a gun authorized the jury to find that he asported her and supported his kidnap

  • Rogers v. State

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Scott Key Sexton, Key & Hendrix PC, Stockbridge, for appellant.
    for defendant: Richard G. Milam, District Attorney, Jackson, and Jason S. Johnston, Assistant District Attorney, Forsyth, for appellee. Other party representation: Sarah L. Gerwig-Moore Mercer Law School, Macon.
    Case Number: A07A0551

    Evidence that the defendant pawned a stolen bicycle in 2003 was admissible at his trial for burglary in which the state presented evidence that the defendant pawned the stolen

  • Johnson v. State

    Publication Date: 2007-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Augusta, for appellee.
    Case Number: A06A1870

    Convictions for aggravated child molestation and attempted aggravated child molestation reversed as de counsel was deficient for failing to prepare for trial and present a de