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  • State Farm Mut. Auto. Ins. Co. v. Wright

    Publication Date: 2000-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Margaret C. Elliott and Kay D. Thompson Sharon W. Ware & Assocs., Atlanta, for appellant.
    for defendant: Nicholas J. Pieschel Dreger & McClelland, Roswell, for appellee. Other party representation: Matthew J. Jewell Austin & Sparks PC, Atlanta.
    Case Number: A00A1470

    Insurer did not waive its subrogation claim by pursuing it after the insured's personal injury trial since the claim did not ripen until the judgment for its insured was sati

  • Arce v. State

    Publication Date: 2000-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William H. Toler III, Atlanta, for appellant.
    for defendant: Gwendolyn R. Keyes, Solicitor General, Thomas E. Csider and Lauren E. Waller, Assistant Solicitors, Decatur, for appellee.
    Case Number: A00A0946

    Officer's belief that he had probable cause to arrest defendant did not convert his initial stop into a custodial situation that would require him to Mirandize defendant before administering field s

  • Kent v. State

    Publication Date: 2000-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: David E. Slemons Slemons & Spahos PC, McDonough, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, Gregory W. Edwards, Chief Assistant District Attorney, Albany, and Frances D. Hakes, Assistant District Attorney, Columbus, for appellee.
    Case Number: A00A0984

    Trial court properly rejected defendant's pretrial challenge to the jury array, since he failed to show a flaw in the selection process, such as misuse, manipulation or systematic exclusion of a cog

  • In the Interest of J.W.H.

    Publication Date: 2000-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: David L. Host and Charles L. Daniel III McCamy, Phillips, Tuggle & Fordham LLP, Dalton, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen A. Sgrosso, Assistant Attorney General, Atlanta, Cynthia N. Johnson Waycaster, Johnson, Morris & Dean, Karen E.L. Webb and Jerry W. Moncus, Dalton, for appellee. Other party representation: Joel P. Thames, Todd L. Ray McDonald, Kinnamon & Thames, Dalton.
    Case Number: A00A1190, A00A1332

    Several factors, including the father's verifiable medical condition that prevented him from caring for his child, supported termination of the father's and mother's parental r

  • Ganas v. State

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Michael L. Chidester, Byron, for appellant.
    for defendant: Kelly R. Burke, District Attorney, Katherine E. Kelley and Amy E. Lambert, Assistant District Attorneys, Perry, for appellee.
    Case Number: A00A1366

    The trial court properly refused to allow the defendant to question the prospective jurors about their feelings on the credibility of witnesses, the state's burden of proof and cases involving a man

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  • Moore v. State

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: George T. Jackson and Steven L. Sparger Jackson & Schiavone, Savannah, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Woodbine, Charles K. Higgins, Assistant District Attorney, and Robert C. Harper, Brunswick, for appellee.
    Case Number: A00A1122

    Evidence that defendant willingly accompanied his accomplices when they went "creeping" at the victims' hotels supported his convictions as a party to their c

  • Joiner v. State

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Elizabeth B. Reisman Summer & Summer, Gainesville, for appellant.
    for defendant: Lydia J. Sartain, District Attorney, and Jason J. Deal, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A00A1415

    Defense counsel's decision not to strike a career prosecutor from the jury venire was valid trial strategy based on her belief that the prosecutor would have a better understanding of the defendant'

  • Conger v. State

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Emmett J. Arnold, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Todd E. Naugle, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A00A1162

    The trial court did not improperly inject its opinion into the aggravated child molestation charge when it rhetorically stated that the injury to the child "has to be the gonorrhea, does i

  • Woodward v. State

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gilbert J. Murrah, Bainbridge, for appellant.
    for defendant: J. Brown Moseley, District Attorney, and Minerva S. Cansino, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: A00A1328

    Since the officers would have discovered the cocaine during a valid search incident to Woodward's arrest for driving without a license, any error in their asking him how much dope he had in his car

  • Hood v. State

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thomas J. Killeen, Athens, for appellant.
    for defendant: Harry N. Gordon, District Attorney, and James D. Love, Assistant District Attorney, Athens, for appellee.
    Case Number: A00A0893

    The trial court properly denied the defendant's motion to exclude evidence that his alibi witness declined to prosecute him after she accused him of kidnapping and rape since that evidence showed her