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  • Rentz v. Rentz

    Publication Date: 2016-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: George Donaldson and Misty Haskins Perry Walters LLP, Albany, for appellant.
    for defendant: in Case No. A16A0767. Gregory Smith The Smith Group, Bainbridge, and Allen Olson, Albany, for appellant in Case No. A16A0859. Gregory Smith The Smith Group, Ben Kirbo, Bainbridge, and Allen Olson, Albany, for appellees in Case No. A16A0767. George Donaldson Perry Walters LLP, Albany, and Ben Kirbo, Bainbridge, for appellees in Case No. A16A0859.
    Case Number: A16A0767; A16A0859

    The superior court had concurrent jurisdiction with the probate court to address executor of the e's conflicting duties with regard to the distribution of several parcels of real property in th

  • Williams v. State

    Publication Date: 2016-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Chaunda Brock Brock Law LLC, Atlanta, for Williams. Natalie Stephenson and Bethany Lindstrom Public Defender's Office, Decatur, for Espinoza. Robert D. James Jr., District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for State.
    for defendant:
    Case Number: A15A1928; A15A1929

    The open-air dog sniff around the defen vehicle, which resulted in probable cause to detain the defendants and to search their vehicle, was done while the officer was still confirming the defe

  • Allen v. State

    Publication Date: 2016-04-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Steven Miller, Summerville, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A15A2317

    The defendant had no standing to challenge the grant of use immunity to a co-defendant in his trial for armed robbery, aggravated assault, battery and false imprisonment in connection with a home inv

  • Paschal v. State

    Publication Date: 2016-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Tyler Conklin and Erin Pinder Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Peter Skandalakis, District Attorney, LaGrange, and Robert Mooradian District Attorney's Office, Newnan, for appellee.
    Case Number: A15A1239

    Although the trial court abused its discretion in admitting evidence of the defendant's prior convictions for armed robbery and aggravated assault for the limited purpose of showing his course of c

  • Ellis v. State

    Publication Date: 2015-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Rodney Williams, Decatur, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, and Jay Jackson District Attorney's Office, Jonesboro, for appellee.
    Case Number: A15A0696

    Following a jury trial, Raymond Charles Ellis, Jr. was convicted of possession of a firearm during the commission of a crime OCGA § 16-11-106 b 1, theft by receiving stolen property OCGA § 16-

  • Summerville v. State

    Publication Date: 2015-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mark Jeffrey, Marietta, for appellant.
    for defendant: Brian Fortner, District Attorney, and Rachel Ackley, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A15A0489

    Following a jury trial, Kent Summerville was convicted of marijuana trafficking OCGA § 16-13-31 c 2010 and driving with a suspended license OCGA § 40-5-121 a. Summerville appeals from the denial

  • State v. Barrow

    Publication Date: 2015-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Rebecca A. Wright, District Attorney, and Joshua Smith District Attorney's Office, Augusta, for appellant.
    for defendant: David Weber, Martinez, for appellee.
    Case Number: A15A0113

    The defendant was ineligible for conditional discharge under O.C.G.A. § 16-13-2 subsection a, the conditional discharge for drug possession statute, since that statute applies only to defendants who

  • State v. Anderson

    Publication Date: 2015-06-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Shannon Wallace, District Attorney, Sarah Santander, and Cliff Head, Assistant District Attorneys, Canton, for appellant.
    for defendant: Jonathan Kesler The Kesler Law Firm PC, Canton, for appellee.
    Case Number: A15A0331

    The traffic stop had de-escalated into a first-tier encounter when the officer asked the defendant for consent to search his vehicle and the defendant agreed; accordingly, the trial court erred in c

  • Fisher Phillips LLP v. Amerex Envtl. Techs. Inc.

    Publication Date: 2015-06-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Christopher Moore Van Sant Law LLC, Cumming, for appellant.
    for defendant: Joseph Pircon and Brian McMahon, Batavia, Ill., proceeded pro se.
    Case Number: A15A0206

    The trial court erred in sua sponte dismissing a law firm's action seeking to recover more than $129K in unpaid invoices for legal services, as the firm was not required to verify t plaint and

  • City of College Park v. Sekisui SPR Americas LLC

    Publication Date: 2015-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Winston Denmark, Steven Fincher, and Emilia Walker Fincher, Denmark Williams LLC, Jonesboro, for appellant.
    for defendant: Keith Wiener, Allen Hendrick, and Cody Wigington Holland Knight LLP, Atlanta, for appellee.
    Case Number: A14A1690

    The subcontractor that worked on a sewer pr for the City of College Park did not have a viable claim against the City after the general contractor failed to pay it for work performed on the pr