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  • In the Interest of J. A. B.

    Publication Date: 2016-05-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jenny Carver Carver DeBord PC, Canton, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Penny Hannah, Assistant Attorney General, Atlanta, and Lisa Haddock-Malas, Milton, for appellee. Other party representation: Richard Jones, Canton.
    Case Number: A15A2049

    The juvenile court's terminating a mother's parental rights to her three children was insufficient to enable appellate review of the

  • Williams v. State

    Publication Date: 2016-04-20
    Practice Area:
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    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

  • In the Interest of D. D.

    Publication Date: 2016-03-09
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Stephen Reba Barton Child Law and Policy Center, Atlanta, for appellant.
    for defendant: Richard Read, District Attorney, Roberta Earnhardt, Senior Assistant District Attorney, and John McGuire, Assistant District Attorney, Conyers, for appellee.
    Case Number: A15A2345

    The Court vacated the juvenile's commitment order because the juvenile court erred in expressly denying the juvenile credit for time served pending adjudication and disposition, ordering additional

  • In the Interest of L. R. M.

    Publication Date: 2015-08-17
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Tracy Brown, Jesup, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Calandra Harps, Assistant Attorney General, Atlanta, and Jennifer McComas, Special Assistant Attorney General, Vidalia, for appellee. Other party representation: Courtney Joiner Smith Jenkins PC, Nick Sellers, Vidalia, Carl Nelson, Dublin, Stacey Neesmith, Lyons, and Tracey McDaniel, Camilla.
    Case Number: A15A0295

    After the juvenile court found L. R. M. deprived, the paternal grandmother filed a motion to intervene seeking custody of and visitation with the child. The juvenile court denied the grandmo

  • Olds v. State

    Publication Date: 2015-07-27
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kevin Armstrong Public Defender's Office, Albany, for appellant.
    for defendant: Gregory Edwards, District Attorney, Albany, for appellee.
    Case Number: A15A0136

    The trial court properly admitted evidence of the defendant's extrinsic crimes and acts in his trial for false imprisonment and battery, as the evidence was relevant to show intent, the probative va

  • State v. Bragg

    Publication Date: 2015-07-27
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: K. David Cooke Jr., District Attorney, Ft. Valley, and Myra Tisdale, Assistant District Attorney, Macon, for appellant.
    for defendant: Andrew Jenkins, Assistant Public Defender, Macon, for appellee.
    Case Number: A15A0035

    The te of limitations barred the defendant's prosecution for violating Georgia's Employment Security Law by collecting unemployment benefits while employed, as the State failed to prove that th

  • Dixon v. Krause

    Publication Date: 2015-07-17
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: George Spears, Atlanta, and Brian Lockerbie, LaGrange, for appellant.
    for defendant: Brian Dempsey, Dana Maine, Wayne Melnick Freeman Mathis Gary LLP, Mark Begnaud Horsley Begnaud LLC, Edward Miller Martenson Hasbrouck Simon LLP, Atlanta, and Theodore Meeker Sumner Meeker, Newnan, for appellees.
    Case Number: A15A0229

    In the malicious prosecution lawsuit, there were questions of fact remaining as to whether probable cause existed to prosecute the plaintiff on several off

  • Davis v. State

    Publication Date: 2014-11-10
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kevin Armstrong Public Defender's Office, Albany, for appellant.
    for defendant: Gregory Edwards, District Attorney, Albany, for appellee.
    Case Number: A14A0814

    The State did not violate O.C.G.A. § 17-5-56 by destroying the biological material collected after the rape victim's abo

  • DeKalb Cnty. v. Kirkland

    Publication Date: 2014-10-30
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Laura Johnson, Chief Assistant County Attorney, Bennett Bryan, and Sam Brannen DeKalb County Law Dep't, Decatur, for appellant.
    for defendant: Dean Fuchs Schulten, Ward & Turner, Atlanta, for appellees.
    Case Number: A14A0784

    Sovereign immunity barred the plaintiffs' breach of contract claims regarding accrued compensatory time, as the overtime-exempt county employees did not have written employment cont

  • Culbreath v. State

    Publication Date: 2014-08-12
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lawrence Zimmerman, Atlanta, and Christopher Geel, Mount Pleasant, S. C., for appellant.
    for defendant: D. Victor Reynolds, District Attorney, Marc Cella, and Amelia Pray, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A14A0349

    In holding that the defendant's aggravated assault conviction should have merged with his attempted armed robbery conviction, the Court found that the statutory provision for the victim's age did no