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  • Cloer v. State

    Publication Date: 2001-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mark S. Fraser Fraser & Fraser, Atlanta, for appellant.
    for defendant: T. Joseph Campbell, District Attorney, Cartersville, and Sharon M. Fox, Assistant District Attorney, Calhoun, for appellee.
    Case Number: A01A2088

    Absent a trial transcript, the denial of defendant's motion to suppress evidence obtained at a roadblock was presumed co

  • In the Interest of M. C. L.

    Publication Date: 2001-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lisa A. Redlin McNally, Edwards, Bailey & Lander, Monroe, and Joseph S. Rhymer, Loganville, 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, Laura W. Hyman, Assistant Attorneys General, Atlanta, and John R. Laseter, Special Assistant Attorney General, Monroe, for appellee. Other party representation: Sheryl D. Fambrough, Lawrenceville, and G. Randolph Jeffery John W. Spence PC, Monroe.
    Case Number: A01A1336; A01A1337

    A couple's repeated incarcerations for various criminal offenses and their failure to comply with the reunification plan supported the termination of their parental r

  • Lynn v. State

    Publication Date: 2001-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Herbert Adams Jr. Axam, Adams & Secret PA, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Shampa Banerji, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A01A0971

    The trial court properly allowed the state to re-open its case to present expert testimony that the victim's 3-inch stab wound was not self-infl

  • Carr v. State

    Publication Date: 2001-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Christopher S. Warren, Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, and Jennifer A. Johnson-Green, Assistant District Attorney, Albany, for appellee.
    Case Number: A01A0998

    The trial court erred in instructing the jury that it could consider the similar transaction evidence as proof of defendant's predisposition to commit the charged

  • Thompson v. Club Group Ltd.

    Publication Date: 2001-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Richard A. Brown Jr. and Brad S. McLelland Whelchel, Brown, Readdick & Bumgartner, Brunswick, for appellant.
    for defendant: Sarah B. Atkins Ellis, Painter, Ratterree & Bart LLP, Edward R. Stabell III Brennan, Harris & Rominger, and Lee C. Mundell, Savannah, for appellees.
    Case Number: A01A1173

    A jury question remained as to whether the negligent driver was acting within the scope of his employment when plaintiff was in

  • Law Journal Press | Digital Book

    Infobeans cogito test

    Authors: Stephen Fishman

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  • Harvey v. State

    Publication Date: 2001-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Carl P. Greenberg, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and George W. K. Snyder Jr., Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A01A1232

    The trial court properly admitted evidence of two similar robberies to show defendant's intent, modus operandi and course of co

  • Griffie v. State

    Publication Date: 2001-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Douglas N. Fox Preevy & Lancaster PC, Lawrenceville, for appellant.
    for defendant: Patrick H. Head, District Attorney, Donald T. Phillips and Dana J. Norman, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A01A1525

    Defendant's own actions during a valid traffic stop drew the officer's attention to defendant's belt area where the officer saw a plastic bag containing co

  • Riley v. State

    Publication Date: 2001-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Steven E. Phillips, Public Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Bettieanne C. Hart, Deputy District Attorney, Atlanta, for appellee.
    Case Number: A01A0924

    Defense counsel's attorney stating that the trial court failed to review the lead investigator's files on remand lacked probative value because it was replete with inadmissible he

  • Jenkins v. State

    Publication Date: 2001-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William T. Payne, Decatur, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A01A1429

    The trial court did not clearly err in determining that defendant's custodial statement was voluntary based on the investigators' testimony that they did not threaten to take defendant's children

  • Powell v. Alan Young Homes Inc.

    Publication Date: 2001-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William E. Callaway Jr., Claxton, for appellant.
    for defendant: . Richard W. Brown Dermer, Brown & Rogers, Alpharetta, for appellee.
    Case Number: A01A1373

    The trial court's error in excluding relevant evidence was harmless because the evidence was not sufficient to sustain a verdict for the plai