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  • Hart v. Hart

    Publication Date: 2000-10-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James C. Warnes II, Athens, for appellant.
    for defendant: Lane Fitzpatrick, Danielsville, Hardy Gregory Jr. and Preyesh K. Maniklal Gregory, Christy & Maniklal, Cordele, for appellee.
    Case Number: A00A1692

    The trial court had authority under O.C.G.A. § 44-6-170 to hire a timber cruise to assess the value of the timber on the parties

  • Harper v. GMAC Mortgage Corp.

    Publication Date: 2000-10-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Michael C. Famiglietti, and David E. Tuszynski, Marietta, for appellant.
    for defendant: . Brian S. Tatum Morris, Schneider & Prior LLC, Atlanta, for appellee.
    Case Number: A00A1527

    Judicial estoppel barred the plaintiffs' tort claims against their mortgage company because the plaintiffs did not list those claims as assets in their Chapter 13 bankruptcy pet

  • Rooks v. State

    Publication Date: 2000-09-29
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A1083

    Defendant must seek withdrawal of his 10-year-old guilty plea to cocaine possession in a habeas proce

  • Johnson v. State

    Publication Date: 2000-09-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John R. Greco, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, David E. Langford, and Anna E. Green, Assistant District Attorneys, Atlanta, for appellee.
    Case Number: A00A1195

    Trial court properly excluded evidence that the 16-year-old rape victim had a 21-month-old child, since that evidence only raised an inference that she had a prior sexual relationship with someone o

  • Leftwich v. State

    Publication Date: 2000-09-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Colin A. Fieman University of Georgia Legal Aid Clinic, Athens, for appellant.
    for defendant: Harry N. Gordon, District Attorney, and James D. Love, Assistant District Attorney, Athens, for appellee.
    Case Number: A00A1594

    The reliability of the penile plethysmograph exam which measures a subject's response to visual and aural stimuli has not been scientifically p

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  • Lowe v. State

    Publication Date: 2000-09-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Elaine T. McGruder, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart and Christopher M. Quinn, Assistant District Attorneys, Atlanta, for appellee.
    Case Number: A00A1282

    The prosecutor's comment in closing that the jury had only one set of facts was not improper, since the state may comment on the lack of rebuttal test

  • Young v. State

    Publication Date: 2000-09-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Stephen A. Delaney Howard & Delaney, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Maria B. Golick, Thomas A. Cole and Dana J. Norman, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A00A0916

    Defendant's sentence was proper since he received sufficient notice of recidivist punis

  • A Tow Inc. v. Williams

    Publication Date: 2000-09-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Melvin England England & Knight and Robert P. Taylor, Atlanta, for appellant.
    for defendant: Thomas E. Maddox Jr., Tucker, for appellee.
    Case Number: A00A1311

    Because the towing company had no valid lien on the plaintiff's car, it converted her car when it refused to release the car until plaintiff paid towing and storage

  • McCorkle v. State

    Publication Date: 2000-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Julie D. Herrin DeKalb County Public Defender, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker and Sheila A. Connors, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A00A1504

    The general rule against verdict impeachment precluded the defendant from attacking the verdict by claiming that one juror told other jurors that he was g

  • Johnson v. State

    Publication Date: 2000-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Billy M. Grantham, Donalsonville, for appellant.
    for defendant: J. Brown Moseley, District Attorney, Bainbridge, and Charles M. Stines, Assistant District Attorney, Cairo, for appellee.
    Case Number: A00A1669

    Defendant's mere presence outside his sister's house did not support his conviction for possession of the drugs found in a bedroom occupied by his sister's chi