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  • Kilpatrick v. State

    Publication Date: 2002-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Dell Jackson, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Christopher M. Quinn and Michele T. McCutcheon, Assistant District Attorneys, Atlanta, for appellee.
    Case Number: A01A1712

    The trial court properly refused to charge on self-defense where defendant claimed that the shooting was an accident and there was no evidence that the victim attacke

  • Palmer v. State

    Publication Date: 2002-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jeffrey W. Cofer, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Kathryn O. Pulliam, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A01A2366

    Georgia law does not require an in-camera inspection of the state's notes regarding potential j

  • Powell v. State

    Publication Date: 2002-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John P. Cannon, Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, and Troy E. Golden, Assistant District Attorney, Albany, for appellee.
    Case Number: A01A2049

    The stolen items were found in defendant's vehicle and he voluntarily told police that he had a gun in the vehicle's glov

  • Hayes v. State

    Publication Date: 2002-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Hugh O. Morris Jr., Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, and Gregory W. Edwards, Chief Assistant District Attorney, Albany, for appellee.
    Case Number: A01A1690

    The trial court properly admitted the victim's tape recorded interview with police because she testified at trial and defendant had an opportunity to cross-examin

  • Brown v. State

    Publication Date: 2002-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Paul W. David, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A01A1763

    Defendant voluntarily pled guilty after the trial judge listed the facts surrounding defendant's crimes, defendant admitted that the trial court's recitation of the facts were accurate and defense

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    Drug and Medical Device Product Liability Deskbook

    Authors: James M. Beck, Anthony Vale

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  • Mijares v. State

    Publication Date: 2002-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ricky W. Morris Jr., Jonesboro, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, James L. Wright III and Thomas R. McBerry, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A01A2384

    The officer's actions in approaching the defendant and in asking if he could pat him defendant down did not rise to the level of a Terry

  • Benefield v. State

    Publication Date: 2002-01-04
    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: A01A2325

    Trial counsel's decision to pursue an all or nothing defense, rather than requesting a charge on a lesser included offense was a matter of trial str

  • Brown v. State

    Publication Date: 2002-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mitchell D. Durham, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, and Amelia G. Pray, Assistant District Attorney, Marietta, for appellee.
    Case Number: A01A1819

    The absence of the minor defendant's mother during his questioning did not render his custodial statements inadmis

  • Pine Creek LLC v. Pine Mount LLC

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gerald Davidson, Thomas T. Tate, Tanya A. Eades Andersen, Davidson & Tate, Lawrenceville, and Robert H. Hishon The Hishon Firm LLC, Atlanta, for appellant.
    for defendant: James L. Paul and Matthew J. McCoyd Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellee.
    Case Number: A01A1344

    Factual and legal questions remained as to whether two transfers of partnership interests violated the parties' operating agreement, thereby triggering the dissenter's rights st

  • Bowen v. Cochran

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: David C. Moss Mills & Moss LLC, Lawrenceville, for appellant.
    for defendant: . Karsten Bicknese and Daniel S. Wright Seacrest, Korcsh, Tate & Bicknese, Atlanta, for appellees.
    Case Number: A01A1579

    Evidence that plaintiff improperly lit a gas cooking grill on at least two occasions supported a conclusion that he assumed the risk of a flame bursting from the c