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  • Watkins v. State

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Benjamin A. Davis, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Jennifer M. Daniels and Barbara B. Conroy, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A01A1968

    The trial court's helpful comment to the state, outside of the jury's presence, that it needed to recall the arresting officer to elicit testimony regarding the circumstances of defendant's arrest,

  • Buckner v. State

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and Robert H. Anderson, Assistant District Attorney, Columbus, for appellee.
    Case Number: A01A1788

    Based on defendant's four prior felony convi , the trial court correctly understood that under O.C.G.A. § 17-10-7 it was required to impose the maximum sentence for each current felony convi

  • 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

  • Bailey v. Bailey

    Publication Date: 2002-01-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Charles A. Mathis, Linda G. Bass Middleton, Mathis, Adams & Tate, Atlanta, and Mark A. Tate Carter & Tate LLP, Savannah, for appellant.
    for defendant: James T. Budd, Timothy S. McConnell Chambers, Mabry, McClelland & Brooks, William P. Claxton, Leslie H. Claxton and Kelley C. Herrin Claxton & Claxton, Atlanta, for appellees.
    Case Number: A01A1290

    The trial court properly dismissed the plaintiff's injury suit because he failed to exercise the greatest possible due diligence in serving the defendants outside of the statute of limitation after

  • Anderson v. State

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John W. Sherrer Jr., Vienna, for appellant.
    for defendant: Denise D. Fachini, District Attorney, and Cheri L. Nichols, Assistant District Attorney, Cordele, for appellee.
    Case Number: A01A1914

    The confidential informant's in-court identification of defendant, combined with videotapes of the drug transac supported defendant's convic

  • Law Journal Press | Digital Book

    Law and Practice of Secured Transactions: Working with Article 9

    Authors: Richard F. Duncan, William H. Lyons, Catherine Lee Wilson

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  • Mellies v. Dearborn

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jennifer L. Thacker, Clarkesville, for appellant.
    for defendant: Richard D. Tunkle English, Tunkle & Smith, Clayton, for appellees.
    Case Number: A01A2513

    Evidence that a 3-year-old's grandparents had cared for him since his birth and that his mother failed to support him as required by law supported the grant of the grandparents' petition to adopt th

  • Smith v. State

    Publication Date: 2002-01-11
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John T. Strauss, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A01A2404

    A co-conspirator's taped telephone conversations that took place within 1 hours of the crime were admissible, even though the statements related to past facts, since the state presented independent

  • In the Interest of A. G.

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert F. Pirkle, Hinesville, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Gary A. Sinrich, Hinesville, for appellee. Other party representation: David G. Hammock, Hinesville, and Robert S. Glenn Hunter, MacLean, Exley & Dunn, Savannah.
    Case Number: A01A2164

    The mother's verifiable mental-health deficiency, chronic unrehabilitated alcohol abuse and neglect of her children supported the termination of her parental r

  • Scruggs v. State

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Vic Wiegand, Cumming, for appellant.
    for defendant: Philip C. Smith, District Attorney, and Rand J. Csehy, Assistant District Attorney, Cumming, for appellee.
    Case Number: A01A1882

    Evidence of defendant's prior conviction for possession of amphetamine with to distribute was admissible to impeach his testimony that he was not a drug dealer and never possessed drugs with

  • Ratledge v. State

    Publication Date: 2002-01-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert L. Stultz, Ft. Oglethorpe, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, and Christopher A. Arnt, Assistant District Attorney, Lafayette, for appellee.
    Case Number: A01A2064

    The trial court should have merged defendant's convictions for cruelty to children because both counts were based on his act of immersing the 2-year-old victim's feet in excessively hot