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  • Martin v. State

    Publication Date: 2014-09-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A0837

    The record belied the defendant's claim that the indictment for homicide by vehicle failed to charge venue in Clayton C

  • Williams v. State

    Publication Date: 2014-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Sidney Storesund, Marietta, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, Shepard Orlow, Assistant District Attorney, and Amelia Pray District Attorney's Office, Marietta, for appellee.
    Case Number: A14A1315

    The value of stolen property is not an element of theft by conversion and is relevant only for purposes of distinguishing between a misdemeanor and a f

  • In Re: Estate of Loyd

    Publication Date: 2014-08-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert Turner, Decatur, and Mark Welsh, Dunwoody, for appellant.
    for defendant: Robert Wayne, Dana Ashford The Ashford Law Firm LLC, and William Witcher, Decatur, for appellee.
    Case Number: A14A0037

    The probate court did not err in dismissing the caveat to a will and codicil as untimely filed or in denying the caveator's motion to open de

  • Culbreath v. State

    Publication Date: 2014-08-12
    Practice Area:
    Industry:
    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

  • Trammell v. State

    Publication Date: 2014-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Akil Secret The Secret Firm PC, Atlanta, for appellant.
    for defendant: Robert James, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A13A1153

    The trial court properly denied the defendant's motion for mistrial based on prosecutorial misconduct, since the trial court gave curative instructions to the jury to disregard the victim's testimon

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

    View this Book

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  • Vinings Bank v. Brasfield & Gorrie LLC

    Publication Date: 2014-07-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: C. Lee Davis and Emma Burke Bailey Davis Brown & Sutton LLC, Marietta, for appellant.
    for defendant: Franklin Trapp, Robert Crewdson DLA Piper LLP, and David Larson Weinberg Wheeler Hudgins Gunn & Dial, Atlanta, for appellee.
    Case Number: A14A0206

    Because the plaintiff bank was an assignee of the subcontractor bor it had no greater right to payment under such subcontracts than the bor

  • Shuttleworth v. Rankin-Shuttleworth of Ga. LLC

    Publication Date: 2014-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Wayne Pierce Pierce & Dunkelberger, Atlanta, for appellant.
    for defendant: . Theodore Salter, Kennesaw, for appellees.
    Case Number: A14A0360

    The trial court did not abuse its discretion in granting the plaintiffs' motion to disqualify the defendants' counsel in an action regarding a former business partnership, as counsel's prior represe

  • Brasher v. US Xpress Enters. Inc.

    Publication Date: 2014-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ronald Conner Morgan & Morgan PA, Atlanta, for appellant.
    for defendant: David White and Christopher Quin Richter, Head, Shinall & White LLP, Atlanta, for appellee. Other party representation: Douglas Witten State Bd. of Workers' Compensation, Atlanta.
    Case Number: A14A0597

    The ALJ erred in appointing a certain doctor as the workers' compensation claimant's treating phys

  • BAC Home Loans Servicing LP v. Wedereit

    Publication Date: 2014-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Monica Gilroy, Emily Cobb, and Tania Trumble Dickenson Gilroy LLC, Alpharetta, for appellant.
    for defendant: Sam Nicholson Nicholson Revell LLP, Augusta, for appellee.
    Case Number: A14A0131

    The defendant failed to give the plaintiff proper notice pursuant to the terms of the security deed prior to accelerating the plaintiff's loan and foreclosing on the pro

  • Evans v. State

    Publication Date: 2014-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gerard Kleinrock, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Deborah Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A14A0513

    Evidence of similar transactions involving crimes that were almost identical to the crimes in this case were admissible to show identity, plan, scheme and bent of