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  • Moton v. State

    Publication Date: 2000-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: C. Victor Long, Atlanta, for appellant.
    for defendant: John C. Pridgen, District Attorney, and Kathryn O. Fallin, Assistant District Attorney, Cordele, for appellee.
    Case Number: A99A1680

    Since defendant sold cocaine after the Georgia Controlled Substances Act was amended to make a life sen discretionary for his offense, the trial court erred in imposing a mandatory life sen

  • Muhammad v. State

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A99A1654

    The defendant could not complain that the trial court failed to exercise its discretion to probate or suspend part of his recidivist sentence since the court reviewed the defendant's prior convicti

  • In the Interest of T.B.

    Publication Date: 2000-03-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A99A2086, A99A2087

    Evidence that the 16-year-old mother quit high school to get a job and that the 21-year-old father was not a model citizen did not support the termination of their parental rights, since both parent

  • Herndon v. Ajayi

    Publication Date: 2000-03-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Leonard Farkas Farkas & Ledford, Albany, for appellant.
    for defendant: Thomas S. Chambless and Dawn G. Benson Watson, Spence, Lowe & Chambless, Albany, for appellee.
    Case Number: A99A1637

    Since urologist's failure to follow up with his patient to ensure a stent implanted for kidney stone treatment was removed involved the application of his medical skill and knowledge, it involved pr

  • Cullingham v. State

    Publication Date: 2000-03-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Walter W. Furlong, Atlanta, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, Jessica K. Moss, Assistant Solicitor General, and Jason A. Beato, Assistant Solicitor, Marietta, for appellee.
    Case Number: A99A2334

    Officer's testimony that he read defendant the 1997 implied consent law for suspects over age 21 twice was sufficient to show that he in fact informed defendant of his implied consent r

  • Law Journal Press | Digital Book

    Infobeans cogito test

    Authors: Stephen Fishman

    View this Book

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  • Reese v. State

    Publication Date: 2000-03-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Patricia F. Angeli, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, Erman J. Tanjuatco and Clifford A. Sticher, Assistant District Attorneys, Jonesboro, for appellee.
    Case Number: A99A1883

    Defendant could not withdraw his guilty plea merely because he was taking psychotropic drugs for schizophrenia when he made the plea, since there was no evidence the medication incapacitate

  • Mack v. State

    Publication Date: 2000-03-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Willie C. Weaver Weaver Law Offices, Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, and Bradford R. Pierce, Assistant District Attorney, Albany, for appellee.
    Case Number: A99A1731

    The defendant could not complain that de counsel was ineffective since he admitted that he failed to communicate with counsel or fully cooperate in his de

  • City of Byron v. Betancourt

    Publication Date: 2000-03-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A99A2378, A99A2379

    The trial court's judgment that the city's annexation and rezoning of certain property was void was presumably correct, since the city failed to submit a transcript as part of the appellate r

  • Jarrard v. United Parcel Serv. Inc.

    Publication Date: 2000-03-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: E. Wycliffe Orr and Kristine E. Orr Orr & Orr, Gainesville, for appellant.
    for defendant: . John G. Skinner Arnold & Anderson, Atlanta, for appellee.
    Case Number: A99A1871

    Employer did not engage in outrageous and egregious conduct by giving an employee an extremely harsh job evaluation on the day he returned from his six-week medical leave for psychiatric

  • Woodson v. State

    Publication Date: 2000-03-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Stephen T. Smith, Fayetteville, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Bonnie K. Smith, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A99A2110

    Before sentencing defendant as a recidivist, the trial court should have determined whether his five prior out-of-state felony convictions were for conduct that would have constituted felonies in Ge