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  • Belcher v. State

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    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

  • Harris v. Williams

    Publication Date: 2010-06-25
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Chad H. Gamradt Browning & Gamradt PC, Lawrenceville, for appellant.
    for defendant: N. O. Williams Ferguson Law Firm, Jonesboro, for appellee.
    Case Number: A10A0294

    The trial court erred in increasing the mother's child support obligation without finding a substantial change in the mother's income since the entry of the party's final divorce d

  • Newton v. State

    Publication Date: 2010-04-30
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gerard Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A0233

    Trial counsel was not ineffective for failing to pursue a requested justification charge, because his defense theory was mere presence and the defendant did not show that the outcome would have diff

  • Jackson v. State

    Publication Date: 2010-04-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Raymond F. Gordon, Atlanta, for appellant.
    for defendant: Brian K. Fortner and Matthew C. Krull, Solicitors General, Douglasville, for appellee.
    Case Number: A10A0501

    The evidence, showing that the defendant selected articles of clothing, placed two items inside his pants and fled when confronted sufficiently supported his shoplifting convi

  • Hunt v. State

    Publication Date: 2010-04-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Leon Hicks, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Anece Baxter, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A10A0394

    Without a transcript of the motion in limine, the trial court presumably ruled correctly in admitting photographs contained on the USB drive found on the same floor of a hotel where the defendant s

  • Grant v. State

    Publication Date: 2010-03-26
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Vincent D. Sowerby, Brunswick, for appellant.
    for defendant: Clara E. Bucci Prosecuting Attorneys Council of Georgia, Pooler, and Stephen D. Kelley, District Attorney, Woodbine, for appellee.
    Case Number: A09A2040

    The Court vacated the order denying the defendant's motion to set aside the denial of his application for the return of $60K in seized cash and remanded the case for required findings under Cambron

  • Greenwood Homes Inc. v. Regions Bank

    Publication Date: 2010-03-19
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John A. Christy and Philip R. Green Schreeder, Wheeler & Flint LLP, Atlanta, for appellant.
    for defendant: Jennifer B. Moore and Michael J. C. Shaw Greenberg Traurig LLP, Atlanta, for appellee.
    Case Number: A09A1631

    An appraiser's limited consideration of two non-market transactions did not invalidate his valuation of certain real property, because he adjusted the price upwards for those transactions and placed

  • Esprit Log and Timber Homes v. Wilcox

    Publication Date: 2010-03-19
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William L. Reilly, Blue Ridge, for appellant.
    for defendant: Michael H. Cummings II Cummings & Dillard, Clayton, for appellees.
    Case Number: A09A2215

    The evidence supported the jury's punitive damages award against plaintiff, because the plaintiff accepted the defendants' order knowing that it could not deliver on its promise to deliver pre-cut a

  • R. Larry Phillips Constr. Co. Inc. v. Muscogee Glass

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Burke A. Noble and Bruce A. Taylor Jr. Drew, Eckl & Farnham, Atlanta, for appellant.
    for defendant: William A. Erwin Powell & Erwin PC, Camilla, Jerry A. Buchanan, Trisha D. Hargrove Buchanan & Land, Columbus, Robert B. Hill, Ernest L. Beaton McLain & Merritt PC, Richard H. Hill Jr., Nicholas A. Hinson Mabry & McClelland LLP, Gregory H. Wheeler, Brent A. Meyer Carlock Copeland Semler & Stair LLP, Philip K. Lichtman Mills Paskert Drivers PA, Atlanta, and George L. Welborn Downey, Cleveland, Parker & Williams, Marietta, for Muscogee Glass et al.
    Case Number: A09A1744, A09A2050

    The right of contribution does not require a judgment against general contractor on the underlying action before its contribution suit can pr

  • In the Interest of G.A.M.

    Publication Date: 2010-02-19
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: David R. Savoy, Cumming, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson, Assistant Attorney General, Atlanta, and Rochelle A. Doyle, Special Assistant Attorney General, Roswell, for appellee. Other party representation: Rebecca E. Capes, Cumming.
    Case Number: A09A2335

    The same evidence that showed parental misconduct established that the child's best interests required the termination of the mother's r