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  • Hunnicutt v. State

    Publication Date: 2005-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert H. Alexander III, Marietta, for Hunnicutt. Richard O. Allen, Atlantic Beach, Fla., for Thomas. Patrick H. Head, District Attorney, Amy H. McChesney and Charles P. Boring, Assistant District Attorneys, Marietta, for appellee.
    for defendant:
    Case Number: A05A1981; A05A1982

    The trial court did not depart from a position of impartiality when it interrupted defense counsel to protect witnesses from being dealt with unf

  • Garrison v. State

    Publication Date: 2005-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Jeffrey W. Hunt, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A05A1618

    Two accomplices identified the defendant as one of four gunmen who participated in a home invasion and officers found the defendant's fingerprints on the getawa

  • McKee v. State

    Publication Date: 2005-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mark A. Casto, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, Columbus, and Mark C. Post, Assistant District Attorney, Hamilton, for appellee.
    Case Number: A05A1145

    The defendant kicked his girlfriend's 7-month-old daughter's walker into a space heater, breaking her arm, then slammed her into the ground, breaking both of her

  • Huntzinger v. State

    Publication Date: 2005-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: G. Richard Stepp, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Donald P. Geary, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A05A1097

    Evidence that the victim was an alleged drug dealer was irrelevant to the issue of whether the defendant kidnappe

  • Withrow v. State

    Publication Date: 2005-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Clark C. Adams Jr., Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, Columbus, and Mark C. Post, Assistant District Attorney, Hamilton, for appellee.
    Case Number: A05A0880

    The defendant knew her 7-month-old daughter sustained serious injures and failed to seek medical care for three

  • Williams v. State

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Sara L. Gerwig Georgia Indigent Defense Council, M. Amy Vosburg-Casey, Douglas B. Ammar and David F. Dorsey Jr. Georgia Justice Project, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A05A0617

    The trial court erred in increasing the defendant's sentence after he began servi

  • Burge v. State

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Bret E. Rudeseal, Shannon, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and John F. McClellan Jr. , Assistant District Attorney, Rome, for appellee.
    Case Number: A05A0550

    The trial court's Allen charge was not coercive and did not place undue pressure on the jury to abandon their convic

  • Porter v. State

    Publication Date: 2005-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John T. Strauss, Newton County Public Defender, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Monroe, and Layla V. Hinton, Assistant District Attorney, Covington, for appellee.
    Case Number: A04A2218

    Because the defendant's letter to his ex-wife regarding his alleged molestation of a similar transa victim was not testimony, it was not subject to a continuing witness obje

  • DeSouza v. State

    Publication Date: 2005-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Dwight L. Thomas and Caprice R. Jenerson, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Samuel W. Lengen and Dana J. Norman, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A1844

    The trial court did not abuse its discretion in declaring a mistrial where the jury was hopelessly deadl

  • Jones v. State

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Alan P. Layne, Lyons, for appellant.
    for defendant: Timothy G. Vaughn, District Attorney, Russell P. Spivey and Karen J. Young, Assistant District Attorneys, Eastman, for appellee.
    Case Number: A04A2146

    The defendant admittedly knew something was going to happen, he was present during the robbery and he told one of the victims to get on the