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  • Perez v. State

    Publication Date: 2007-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Bentley C. Adams III and Wayne H. Basford Public Defender's Office, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Forest L. Miles, Assistant District Attorney, Dalton, for appellee.
    Case Number: A06A2472

    Convictions reversed, since defense counsel was deficient in not moving to suppress the evidence discovered as the result of an illegal search of the defendant's person prior to his a

  • Anthony v. State

    Publication Date: 2006-12-08
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Wystan B. Getz Oakhurst Law Group of Getz LLC, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A1694

    The trial court did not violate O.C.G.A. § 17-8-57 in characterizing the defendant's testimony as evasive and instructing him to give direct responses on cross-examin

  • Jackson v. State

    Publication Date: 2006-12-08
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Nigel R. Lush and Leonora Grant, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A06A1978

    The defendant's plea in bar was properly denied because his trial counsel's decision to request a mistrial was not the result of any improper conduct by the

  • Robinson v. State

    Publication Date: 2006-09-01
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Veronica E. Brinson, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, and Dorothy V. Hull, Assistant District Attorney, Macon, for appellee.
    Case Number: A06A1163

    The victims in two armed robberies at commercial businesses in Macon identified the defendant as the man who posed as a customer, pulled out a gun, demanded cash and fled with the stolen

  • Johnson v. State

    Publication Date: 2006-08-25
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Louis M. Turchiarelli, Marietta, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Allen D. Morris, Assistant District Attorney, Canton, for appellee.
    Case Number: A06A1444

    The trial court did not err in refusing to sever the methamphetamine possession charge from the kidnapping with bodily injury charge, since the kidnapping was ongoing when officers arrested the defe

  • Collins v. State

    Publication Date: 2006-08-25
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Bennett T. Willis Jr. Harrison & Willis, and Holly M. DeRosa, Perry, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Timothy M. Marlow District Attorney's Office, Perry, for appellee.
    Case Number: A06A1230

    Officers who searched the defendant incident to his arrest had probable cause to believe he was breaking the law, based on their awareness that he was previously arrested following an explosion of a

  • H. D. McCondichie Properties v. Georgia Dep't of Transp.

    Publication Date: 2006-06-30
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Richard N. Hubert and Jonathan E. Ganz Chamberlain, Hrdlicka, White, Williams & Martin, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Atlanta, and Paul H. Dunbar III Capers, Dunbar, Sanders & Bruckner, Augusta, for appellee.
    Case Number: A06A0426

    The trial court properly excluded evidence that the DOT originally hired an expert the appellant late subpoenaed, since the issue of who originally hired the expert was irrelevant to the issue of j

  • Stinchcomb v. Wright d/b/a Ray Wright Homes Inc.

    Publication Date: 2006-03-31
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Harold T. Daniel Jr., Laurie W. Daniel, Tiffani Z. Moody, Lindsey G. Churchill and Kelli S. Lott Holland & Knight LLP, Atlanta, for appellant.
    for defendant: . John C. Rogers, Johannes S. Kingma Carlock, Copeland, Semler & Stair LLP, Atlanta, and James E. Bischoff Bischoff & White PC, Fayetteville, for appellees.
    Case Number: A05A2253

    The trial court did not err in granting summary judgment to the plaintiff builders on the defendant real estate developer's counterclaim for breach of contract because the defendant failed to presen

  • Bowman v. Century Funding Ltd.

    Publication Date: 2006-02-10
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William H. Arroyo and Paul G. Wersant William H. Arroyo & Assocs., Tucker, for appellant.
    for defendant: . James C. Joedecke Jr. Anderson, Tate & Mahaffey PC and Donald W. Osborne White, Schuerman, Rhodes & Burson LLC, Lawrenceville, for appellees.
    Case Number: A05A2080

    A factual question remained as to whether decedent's affidavit provided actual or constructive notice of the plaintiff's claimed interest in certain real pro

  • Zachery v. State

    Publication Date: 2005-12-22
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Herbert Shafer, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Robert M. Coker and Jennifer M. Daniels Assistant District Attorneys, Decatur, for appellee.
    Case Number: A05A1794

    The trial court did not err in failing to instruct the jury sua sponte to disregard improper comments about a co-defendant's guilty plea made during the state's opening statement, because the defend