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  • Duke v. State

    Publication Date: 2009-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Macklyn A. Smith, Lawrenceville, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Kevin T. McMurry, Newnan, for appellee.
    Case Number: A09A0721

    The evidence presented at trial raised more than a mere suspicion that the defendant was guilty of repeatedly raping his dau

  • Johnson v. State

    Publication Date: 2009-04-24
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Atha H. Pryor, Assistant District Attorney, McDonough, for appellee.
    Case Number: A09A0281

    The jury was entitled to draw an inference from defendant's possession of a stolen

  • Davis v. State

    Publication Date: 2009-04-24
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Donna A. Seagraves, Jefferson, for appellant.
    for defendant: Richard K. Bridgeman, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A09A0657

    The arresting officer did not exceed the scope of a consent search by unlocking a vehicle's trunk, since the officer put the driver on notice that he was looking for contr

  • Gipson v. State

    Publication Date: 2009-04-24
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    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Deborah M. Vaughan Novy, James & Vaughan, Marietta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Melanie M. Bell, Assistant District Attorney, Covington, for appellee.
    Case Number: A09A0544

    The state's lead investigator's testimony that the defendant chose to ' "invoke his Miranda Rights and did not want to speak without an attorney," ' had no direct bearing on the defendant's defense

  • Johnson v. State

    Publication Date: 2009-04-17
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Dustin K. Kirby, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Leslie S. Jones, Assistant District Attorney, Athens, for appellee.
    Case Number: A09A0083

    Dispatch's report to the arresting officer that the defendant had not been served with notice of his license suspension did not affirmatively establish that the defendant had no actual or legal noti

  • Giannotti v. Beleza Hair Salon Inc. d/b/a Beleza Salon

    Publication Date: 2009-04-03
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Andrew C. Desautel, Atlanta, for appellant.
    for defendant: . Sharon E. Andrews Law Offices of Harvey G. Berss, Duluth, for appellees.
    Case Number: A08A1728

    Whether it would violate the standard of care for a cosmetologist to apply heat during a coloring treatment, when the instructions state that additional heat sources are not required, was not an adm

  • Newton v. State

    Publication Date: 2009-03-13
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lance J. Hamilton, Vidalia, for appellant.
    for defendant: William S. Askew, District Attorney, and Mary K. McKinnon, Assistant District Attorney, Swainsboro, for appellee.
    Case Number: A08A2256

    The trial court properly admitted pornographic magazines to show the defendant's lustful disposition and bent of mind, since he admitted looking at the magazines in the victim's presence on the day

  • In the Interest of R. F.

    Publication Date: 2009-02-13
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Douglas N. Fox, Lawrenceville, for appellant.
    for defendant: Larry H. Tatum, Snellville, Ashley A. Stinson Gwinnett County Juvenile Court, David W. White White Legal Counsel LLC, and Debra W. Hale, Lawrenceville, for appellee.
    Case Number: A08A1683

    The juvenile court did not err in considering the funds, which the maternal grandmother paid in child support from trust proceeds that would presumably otherwise be payable to the mother, as the mot

  • Crutchfield v. State

    Publication Date: 2009-01-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: David J. Farnham Farnham & Rothenberg LLC, Roswell, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Candace K. Slezak, Assistant District Attorney, Monroe, for appellee.
    Case Number: A08A1652

    A confidential informant "CI" testified that the defendant sold him $40 worth of cocaine, an audiotape recorded the transaction, law enforcement recovered cocaine from the defendant, the CI testifie

  • Billingsley v. State

    Publication Date: 2008-12-05
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1875

    The showup identification process, which occurred shortly after the armed robberies in question, was not impermissibly sugge