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  • Stephens v. Conyers Apostolic Church

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert W. Hughes Jr. Hughes & Kaplan, Stone Mountain, for appellant.
    for defendant: Craig C. Avery Cooper & Assocs., Duluth, and Thomas D. Harper Harper, Waldon & Craig, Atlanta, for appellee.
    Case Number: A99A2286

    Plaintiff could not recover under church's automobile insurance policy for injuries caused by church's agent who was driving a new church van, since the church did not timely notify the insurer to e

  • Cox v. State

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John M. Hatfield The Hatfield Law Firm, Waycross, for appellant.
    for defendant: Michael D. DeVane, Solicitor General, Waycross, for appellee.
    Case Number: A99A2244

    Even though the form which the pro se defendant signed to show he was pleading not guilty included trial waiver, the form was insufficient to show the defendant knowingly waived his right to

  • Markowitz v. Wieland

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William J. McKenney McKenny & Froelich, Robb E. Hellwig and Richard R. Hays Alston & Bird, Atlanta, for appellant.
    for defendant:
    Case Number: A99A1888, A99A1889

    Since plaintiffs chose to affirm a purchase and sale contract which included a merger clause and a disclaimer provision, they could not claim that they relied on the sellers' alleged misrepresenta

  • Scott v. State

    Publication Date: 2000-05-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James M. Feagle, Decatur, and Kris K. Skaar, Marietta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy and Keith E. Adams, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A99A1906

    Erroneous admission of 6-year-old child's taped statement that her father beat her mother was harmless as the evidence was cumulative of the child's admissible res gestae statements and the victim's

  • Quinn v. City of Cave Spring

    Publication Date: 2000-05-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James A. Satcher Jr., Rome, for appellant.
    for defendant: J. Clinton Sumner Jr. and John A. Owens Magruder & Sumner, Rome, for appellee.
    Case Number: A99A2326

    City was not liable for failing to foresee that an overflow in the sewer system would dislodge a manhole cover, causing the plaintiff to blow out his car tires on the uncovered hole and lose control

  • Law Journal Press | Digital Book

    Infobeans cogito test

    Authors: Stephen Fishman

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  • Brown v. State

    Publication Date: 2000-05-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Michael S. Katz, Avondale Estates, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Bettieanne C. Hart, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A99A1819

    Evidence that defendant picked the lock on the victim's window and opened the window three inches before fleeing showed defendant took a substantial step toward entering the victim's home without au

  • Green v. State

    Publication Date: 2000-05-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Richard K. Murray, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Stephen E. Spencer, Assistant District Attorney, Dalton, for appellee.
    Case Number: A99A2306

    The state negated any inference that a not-guilty verdict would make it worse for the v by telling the jury that their decision would not change what happened to the v

  • Griffin v. State

    Publication Date: 2000-05-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John E. Morrison, Mt. Vernon, for appellant.
    for defendant: Richard A. Malone, District Attorney, William S. Askew and Charles D. Howard, Assistant District Attorneys, Swainsboro, for appellee.
    Case Number: A99A2403

    Although the defendant claimed that a defect in her car's engine caused her car to veer into oncoming traffic, the evidence showed that she was in the wrong lane for some time before the deadly coll

  • Russell v. State

    Publication Date: 2000-05-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Timothy T. Herring, Atlanta, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Calhoun, for appellee.
    Case Number: A99A1732

    Defendant was guilty of misdemeanor obstruction when he fled his apartment, refused to stop when ordered to do so by e, tossed away the package of marijuana he was carrying and wrestled with th

  • Gillespie v. AAA Pawnbrokers Inc.

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A99A1828

    The Court of Appeals assumed the judgment for defendant was correct in plaintiff's wrongful repossession suit since plaintiff failed to include a trial transcript in the appellate r