• Evans v. State

    Publication Date: 2001-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn R. Keyes, Solicitor General, Rupal D. Vaishnav and Michael R. Baer, Assistant Solicitors General, Decatur, for appellee.

    Case Number: A01A0600

    Alleg charging defendant with obstruction by interfering with the execution of a warrant did not fatally vary from the proof at trial that defendant interfered with a simultaneous reversal oper

  • Cox v. State

    Publication Date: 2001-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Shirley Reed, Clarkston, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Meka B. Ward, Assistant Solicitor, Atlanta, for appellee.

    Case Number: A01A0396

    The officer did not need reasonable suspicion to approach the defendant and ask for identific

  • Dodd v. Scott

    Publication Date: 2001-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert A. Weber Jr. Smith, Gilliam & Williams, Gainesville, for appellant.
    for defendant: Frank Armstrong III Stewart, Melvin & Frost, Gainesville, for appellees.

    Case Number: A01A0172

    A jury question remained as to whether decedent's daughter and her husband held six acres in a constructive trust for decedent's e

  • Chemielowiec v. State

    Publication Date: 2001-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Marcia L. Young, Gainesville, for appellant.
    for defendant: Lydia J. Sartain, District Attorney, and Jason J. Deal, Assistant District Attorney, Gainesville, for appellee.

    Case Number: A01A0300

    Evidence that defendant forced his wife into a bedroom at gunpoint supported convi

  • Hill v. State

    Publication Date: 2001-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Luana K. Walsh, 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: A01A0340

    Evidence that defendant drove off with the victim holding onto his truck, ran two stop signs and drove from side to side, attempting to dislodge her supported his convi

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  • Strozzo v. Coffee Bluff Marina Property

    Publication Date: 2001-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Cletus W. Bergen II, Savannah, for Strozzo. James McCallar Jr. McCallar & Assocs., and Todd E. Schwartz, Savannah, for Coffee Bluff. Alan S. Lowe Buchsbaum & Lowe, and James W. Krembs, Savannah, for Rosco Corsa Enterprises. Other party representation: James B. Blackburn Wiseman Blackburn & Futrell, David H. Johnson McCorkle, Pedigo & Johnson LLP, J. Hamrick Gnann Jr. Gannam & Gnann, Savannah.
    for defendant:

    Case Number: A01A0334; A01A0335

    Mere nonuse of an express easement does not constitute abando

  • Williamson v. Yang

    Publication Date: 2001-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Eric T. Johnson, Tucker, for Williamson. John R. Lowery Pursley, Howell, Lowery & Meeks, Atlanta, for Yang. Other party representation: Alan E. Lubel and Andrew M. Greene Troutman Sanders, Atlanta.
    for defendant:

    Case Number: A01A0392; A01A0393

    Questions regarding plaintiff's delay in filing suit were relevant to defendants' claim that the 4-year statute of limitation ha

  • Giraldo v. State

    Publication Date: 2001-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William G. Quinn III, Decatur, for Giraldo. Stephen T. Maples, Bernard Knight and Karlyn Skall, Decatur, for Brutus. J. Tom Morgan III, District Attorney, Kristin M. Childers and Gregory K. Schwarz, Assistant District Attorneys, Decatur, for appellee. Other party representation: William C. Puckett Jr. and William G. Quinn III, Decatur.
    for defendant:

    Case Number: A00A2037; A00A2038

    Police are authorized to retain non-Schedule I drugs confiscated in previous investigations and use them in reverse-sting operations so long as the origin of the drugs is documented and forfeiture p

  • Scott v. Battle

    Publication Date: 2001-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Paul L. Murphy, Rance L. Craft King & Spaulding, Atlanta, and Joseph R. baker, Jonesboro, for Scott. Sharon L. Rowen Rowen & Klonoski PC, Atlanta, for Battle.
    for defendant:

    Case Number: A01A0806; A01A0807

    Parol evidence was admissible to show additional terms in the parties' final agreement for the lease and sale of real property because defendant's written offer did not contain a merger c

  • Parker v. State

    Publication Date: 2001-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Sara M. Yeager Office of DeKalb County Public Defender, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Elisabeth G. MacNamara and Robert M. Coker, Assistant District Attorneys, Decatur, for appellee.

    Case Number: A01A0568

    Defendant's allegation of juror misconduct did not fall within exceptions to the rule against verdict impeachment since the allegation did not involve extrajudicial and prejudicial information or no