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  • Anderson v. State

    Publication Date: 2010-10-29
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jason W. Swindle Drummond & Swindle, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Kevin T. McMurray, Assistant District Attorney, Newnan, for appellee.
    Case Number: A10A1199

    The defendant conceded that no issue of confusion resulted from a joint trial with his co-defendant and the defendants were not indicted for mutually committed off

  • Davis v. State

    Publication Date: 2010-10-08
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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 Sharon M. Fox, Deputy District Attorney, Cartersville, for appellee.
    Case Number: A10A1302

    The defendant remained on the scene of the traffic stop and engaged in casual conversation with the officer, after he told her that she was free to leave, prior to freely and voluntarily providing h

  • McKinnon v. State

    Publication Date: 2010-09-24
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Brandi D. Payne Public Defender's Office, Swainsboro, for appellant.
    for defendant: Samuel H. Altman, District Attorney, Swainsboro, and Adriane L. Love, Assistant District Attorney, Lyons, for appellee.
    Case Number: A10A1281

    Trial counsel was not ineffective for failing to file a meritless motion to suppress the evidence found in the defendant's vehicle after the defendant abandon

  • Ga. Inv. Int'l Inc. v. Branch Banking & Trust Co.

    Publication Date: 2010-09-10
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Michael D. Robl Spears & Robl LLC, Decatur, for appellant.
    for defendant: Robert A. Weber The Weber Firm LLC, Gainesville, for appellee.
    Case Number: A10A1407

    The maker and guarantor of promissory note could not assert promissory estoppel as an affirmative defense to default, since the bank's alleged promises to refinance or issue a new line of credit wer

  • Polk v. State

    Publication Date: 2010-09-10
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William C. Head, Atlanta, for appellant.
    for defendant: Leslie C. Abernathy, Solicitor, Amy K. Radley and Sonya E. Grounds Solicitor General's Office, Cumming, for appellee.
    Case Number: A10A1472

    The totality of the circumstances, supported the denial of the defendant's motion to sup

  • Morales v. State

    Publication Date: 2010-08-27
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Douglas P. Smith Public Defender's Office, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Sandra G. Rivers and Blair D. Mahaffey, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A10A1058

    The victim's testimony that the defendant pushed him off of a porch railing, walked down the stairs to where he lay and kicked him in the mouth, supported the defendant's aggravated assault convi

  • Cook v. State

    Publication Date: 2010-08-20
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Marcus Cook, Grovetown, proceeded pro se. Tommy K. Floyd, District Attorney, and Atha H. Pryor, Assistant District Attorney, McDonough, for appellee.
    for defendant:
    Case Number: A10A1550

    Nothing in the burglary statute limits the dual use of prior convictions in both the guilt-innocence phase and at sente

  • Expedia Inc. v. City of Columbus

    Publication Date: 2010-07-30
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jerry A. Buchanan Buchanan & Land, Columbus, and E. Kendrick Smith, Atlanta, for appellant.
    for defendant: Charles N. Pope, Wade H. Tomlinson Jr., Alan G. Snipes Pope, McGlamry, Kilpatrick, Morrison & Norwood LLP, Columbus, John R. Bielema Jr., William H. Boling Jr., Michael P. Carey Bryan, Cave, Powell & Goldstein LLP, R. Timothy Morrison, Neal K. Pope, William U. Norwood III Pope, McGlamry, Kilpatrick, Morrison & Norwood LLP and L. Lin Wood Jr. Powell Goldstein LLP, Atlanta, for appellee.
    Case Number: A10A0563, A10A0826

    The Court of Appeals lacked jurisdiction over the discovery order in this matter, since the collateral order exception did not extend to the order in question and the appellant failed to comply with

  • Richardson v. State

    Publication Date: 2010-07-30
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Robby A. King District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A10A0331

    The defendant's 30-year sen did not amount to an act of retaliation for his rejection of a plea deal with a lower sen

  • Belcher v. State

    Publication Date: 2010-07-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Shea Belcher, Waycross, proceeded pro se. Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.
    for defendant:
    Case Number: A10A0453

    There was no defect in the aggravated assault counts of the indictment against the defe