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  • Kemper v. State

    Publication Date: 2001-10-12
    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 Roger H. Anderson, Assistant District Attorney, Columbus, for appellee.
    Case Number: A01A1619

    The evidence supported defendant's armed robbery conviction, even though he rejected the victim's offer of cash before he forced the victim into the trunk of his automobile, because the evidence als

  • Johnson v. State

    Publication Date: 2001-10-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lee W. Fitzpatrick, Canton, for appellant.
    for defendant: James D. McDade, District Attorney, Douglasville, and Pamela D. Brophy, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A01A1453

    Evidence that defendant never produced a driver's license or proof of insurance despite the arresting officer's request was sufficient to establish that defendant failed to comply with O.C.G.A. § 40

  • Finch v. Dasgupta

    Publication Date: 2001-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Alan B. Fecteau, Clarkesville, for appellant.
    for defendant: J. Edward Allen Jr. Fortson, Bentley & Griffin PA, and Augustus T. Curtis, Athens, for appellee.
    Case Number: A01A1621

    Plaintiff's own testimony that she and defendant never agreed to live together as man and wife supported a finding that no common law marriage ex

  • State v. Loy

    Publication Date: 2001-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Joseph J. Drolet, Solicitor General, and Katherine Diamandis, Assistant Solicitor, Atlanta, for appellant.
    for defendant: William C. Head, Atlanta, for appellee.
    Case Number: A01A1256

    The trial court erred in suppressing the evidence gathered by police in connection with defendant's DUI arrest because the facts and circumstances surrounding defendant's arrest provided probable ca

  • Belk Inc. v. Warner Robins Zamias LP

    Publication Date: 2001-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: H. Jerome Strickland and Hubert C. Lovein Jr. Jones, Cork & Miller, Macon, for appellant.
    for defendant: Michael S. French, David L. Pardue Kritzer & Levick PC, Atlanta, and Charles W. Byrd Walker, Hulbert, Gray, Byrd & Christy LLP, Perry, for appellee.
    Case Number: A01A0929

    The terms of the parties commercial lease agreement expressly provided for the construction of a future store in the same mall without limit on the future store's size and configur

  • Law Journal Press | Digital Book

    Class Actions: The Law of 50 States

    Authors: 2024 Author: Gerald L. Maatman, Jr., 2022 & 2023 Authors: Gary F. Lynch, Kelly K. Iverson and Jamisen Etzel, 2019 – 2021 Author: Matthew D. Schultz

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  • Hudson v. State

    Publication Date: 2001-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: M. V. Booker, Washington, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, and Durwood R. Davis, Assistant District Attorney, Thomson, for appellee.
    Case Number: A01A1091

    The 11-year-old victim's testimony about previously kissing defendant was evidence of a relationship between her and the defendant and was admissible to show the defendant's motive, intent, and bent

  • Carmichael v. State

    Publication Date: 2001-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Virginia W. Tinkler, Decatur, for appellant.
    for defendant: J. Thomas Morgan III, District Attorney, Jeanne M. Canavan, Assistant District Attorney, and Jennifer M. Daniels, Decatur, for appellee.
    Case Number: A01A1198

    The officer's identification of defendant as the perpetrator by his height, build and protruding ears supported defendant's convi

  • Herrman v. Cohen

    Publication Date: 2001-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Arthur J. Shelfer Jr., Thomasville, for appellant.
    for defendant: T. Mark Thedieck, Thomasville, for appellees.
    Case Number: A01A1439

    The trial court did not abuse its discretion in failing to sua sponte enforce its order compelling discovery in the absence of a motion for sanctions under O.C.G.A. § 9-11

  • Chang v. Bank of Am. f/d/b/a NationsBank of Ga. NA

    Publication Date: 2001-09-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jeffrey L. Sakas, Atlanta, for appellant.
    for defendant: William J. Holley II Parker, Hudson, Rainer & Dobbs, and Erika C. Birg, Atlanta, for appellee.
    Case Number: A01A1512

    The trial court erred in dismissing plaintiff's RICO action on statute of limitation grounds since he filed the action and perfected service within the 5-year limitation p

  • Mack v. State

    Publication Date: 2001-09-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: David S. West and Bruce S. Harvey Law Offices of Bruce S. Harvey, Atlanta, for appellant.
    for defendant: Denise D. Fachini, District Attorney, and Cheri L. Nichols, Assistant District Attorney, Cordele, for appellee.
    Case Number: A01A1594

    The victim's in-court identification of defendant did not result from an impermissibly suggestive photographic line-up because the victim directly and closely observed his att