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  • 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

  • Jones v. Allen

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Josh B. Wages Blasingame Burch Garrard Bryant & Ashley, Athens, for appellants. Annarita M. Busbee, Derrick L. Bingham Owen, Gleaton, Egan, Jones & Sweeney LLP, Vincent A. Toreno Rutherford & Christie LLP, Adam L. Appel, and Kim M. Ruder Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellees. Other party representation: Samuel S. Olens, Attorney General, J. David Stubins Attorney General's Office, Brynda R. Insley Insley and Race LLC, Atlanta, James S. V. Weston Trotter Jones LLP, and Floyd M. Taylor Hull, Towill, Norman, Barrett & Salley, Augusta, for appellees.
    for defendant:
    Case Number: A11A1363

    The trial court erred in finding that the defendant medical college faculty members were entitled to official immunity on the plaintiffs' medical malpractice claims, as these physicians did not esta

  • Wertz v. Allen

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Donald W. Johnson The Johnson Law Firm, Fayetteville, for appellant. Julia H. Magda Sell & Melton LLP, and John A. Draughon, Macon, for appellee.
    for defendant:
    Case Number: A11A0916

    The plaintiff did not rebut the existence of conditional privilege with evidence of actual or express malice regarding his defamation claim, arising from his expulsion from a respiratory therapy pro

  • Allen v. State

    Publication Date: 2008-05-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A0055

    Evidence of the defendant's status as convicted felon was relevant to establishing the crime with which he was charged, since the state had to prove that the defendant was in lawful custody when

  • Allen v. State

    Publication Date: 2004-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Teresa O. Weiner, Jonesboro, for appellant.
    for defendant: Steven L. Harris, Solicitor General, and Lura H. Landis, Assistant Solicitor General, Fayetteville, for appellee.
    Case Number: A03A2526

    The trial court erred in considering defendant's prior DUI nolo in aggravation of his sentence where the form did not show on its face that he was aware of his rights before entering the

  • Lakeside Invs. Group Inc. v. Allen

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Stephen P. Fuller Davidson & Fuller, Duluth, for appellant.
    for defendant: Ronald F. Negin, Paul B. Frickey and John P. O'Brien Thompson, O'Brien, Kemp & Nasuit PC, Norcross, for appellee.
    Case Number: A01A1685

    A broker's alleged misrepresentations about the zoning status of certain property could not serve as basis for a fraud action because the property's zoning status was a matter of law and public r

  • Pike Nurseries Inc. v. Allen

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Charles B. Waters Jr. Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellant.
    for defendant: James B. Gurley Gurley Prof'l Assoc., Atlanta, for appellees.
    Case Number: A01A2358

    Plaintiffs could not recover for their emotional distress arising out of the injuries their 5-year-old sustained when a concrete display fountain fell on her because the parents suffered no physical