• Combs v. State

    Publication Date: 2014-01-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A13A2415

    The Department of Corrections, not the court, has the duty to award a defendant credit for time served prior to

  • Faircloth v. State

    Publication Date: 2014-01-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A13A2389

    The defendant did not allege that his failure to file a timely a was due to ineffective assistance of counsel; therefore, the trial court properly denied his motion for an out-of-time a

  • Hickey v. State

    Publication Date: 2013-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Russell Walker, Perry, for appellant.
    for defendant: George Hartwig, District Attorney, Perry, and Venita McCoy, Assistant District Attorney, Warner Robins, for appellee.

    Case Number: A13A2365

    Evidence about how a detention center handled the defendant and another detainee after the two detainees got into a fight was not relevant to a determination of the defendant's intent or lack thereo

  • Thornton v. State

    Publication Date: 2013-12-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jonathan Kester and Jackie Patterson, Atlanta, for appellant.
    for defendant: Carmen Smith, Solicitor General, and R. Leon Benham, Assistant Solicitor General, Atlanta, for appellee.

    Case Number: A13A1867

    The evidence clearly showed that the name listed on the indictment was another name by which the defendant was known, thus the indictment was not fatally defe

  • Wilson v. State

    Publication Date: 2013-12-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James Hodges and Margaret Sumrall, Brunswick, for appellant.
    for defendant: Jacquelyn Johnson, District Attorney, Liberty Haray District Attorney's Office, Brunswick, and Andrew Ekonomou The Lambros Firm LLC, Atlanta, for appellee.

    Case Number: A13A2456

    An undercover officer's testimony was sufficient to establish that the defendant sold him crack co

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  • In Re: Estate of Farkas

    Publication Date: 2013-12-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A13A1939

    In the absence of a transcript of the evidence introduced at trial, the Court was required to assume that the evidence supported the probate court's finding that there were grounds upon which to que

  • Clarke v. State

    Publication Date: 2013-12-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John Petrey, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Justin Unger District Attorney's Office, Lawrenceville, for appellee.

    Case Number: A13A1783

    The trial court properly denied the defendant's motions to strike two jurors for bias and partiality, since the jurors adequately expressed that they could decide the case fairly based on the evide

  • Budeanu v. State

    Publication Date: 2013-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Donna Seagraves, Jefferson, for appellant.
    for defendant: James Smith, District Attorney, Jefferson, and Samuel Skelton, Assistant District Attorney, Homer, for appellee.

    Case Number: A13A1384

    The State failed to show that the defendant voluntarily, knowingly and intelligently waived his right to a jury trial on charges of attempting to entice a child for indecent pur

  • Lengsfeld v. State

    Publication Date: 2013-11-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Peter Skandalakis, District Attorney, Newnan, and Robert Peterkin, Assistant District Attorney, Greenville, for appellee.

    Case Number: A13A0889

    The defendant police of s statements to a GBI agent were probably admitted at his trial for child molestation, enticing a child for indecent purposes and violating his oath as a police of

  • Weeks v. Weeks

    Publication Date: 2013-11-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jessie Altman, Atlanta, for appellant.
    for defendant: Rebecca Hoelting McCurdy & Candler LLC, and Jean Kutner, Atlanta, for appellee.

    Case Number: A13A1135

    The trial court erred in awarding the father $3K in attorneys' fees, as nothing in the record or transcript of the contempt hearing established how these fees were calculated, their statutory basis