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  • Hayes v. SNS P'ship LP

    Publication Date: 2014-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: O. Wayne Ellerbee, Valdosta, for appellant.
    for defendant: John Smith Young Thagard Hoffman Smith & Lawrence, Valdosta, for appellees.
    Case Number: A13A1698

    The lay opinion evidence the plaintiff offered in support of her personal injury claims did not create an issue of fact that would preclude summary judgment to the defe

  • Scott v. State

    Publication Date: 2014-03-26
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Rahmaan Bowick Public Defender's Office, Augusta, for appellant.
    for defendant: Samuel Altman, District Attorney, Swainsboro, and Rizza Palmares, Assistant District Attorney, Lyons, for appellee.
    Case Number: A13A1658

    The evidence did not support the defendant's convictions arising from the execution of a search warrant at a house used for distributing drugs while he was standing outside in the front

  • Johnson v. State

    Publication Date: 2014-03-26
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Laura Hastay Darden Hastay LLC, Savannah, for appellant.
    for defendant: Margaret Heap, District Attorney, and Ann Elmore District Attorney's Office, Savannah, for appellee.
    Case Number: A13A2242

    The trial court properly denied the ant's motion to suppress eyewitness identification, since the identification was not impermissibly suggestive, as the witness had an opportunity to view the

  • Askew v. State

    Publication Date: 2014-03-26
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Martin Fierman and Stephen Morris Fierman Law Firm, Madison, for appellant.
    for defendant: Fredric Bright, District Attorney, Gray, and Reginald Bellury, Assistant District Attorney, Milledgeville, for appellee.
    Case Number: A13A2060

    The trial court properly denied the defendant's motion to suppress the cocaine and marijuana police found in the vehicle the defendant was driving, as the impoundment of the vehicle at the scene was

  • Peebles v. Claxton

    Publication Date: 2014-03-19
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Penny Furr, Atlanta, and R. Edward Furr Jr., Decatur, for appellant.
    for defendant: Marnique Oliver, Swainsboro, for appellee.
    Case Number: A13A2074

    The temporary restraining order entered in this case regarding an ongoing dispute between next-door neighbors stood dismissed by law more than 10 days before the plaintiff filed his motion for con

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Taylor v. State

    Publication Date: 2014-03-17
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James Luttrell, Canton, for appellant.
    for defendant: Matthew Krull, Solicitor General, and David Holmes Solicitor General's Office, Douglasville, for appellee.
    Case Number: A13A1899

    The trial court properly refused to grant the defendant's motion for a mistrial after the State's comment about a co-defendant's testimony, since the State's comment did not address the other eviden

  • Payton v. State

    Publication Date: 2014-03-12
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kristen Quinton, Macon, for appellant.
    for defendant: Fredric Bright, District Attorney, and Gregory Bushway, Assistant District Attorney, Gray, for appellee.
    Case Number: A13A1980

    The evidence supported the trial court's conclusion that the homeowner had the authority to consent to the warrantless search of the defendant's bedroom, where officers found alprazolam, cocaine and

  • Nichols v. State

    Publication Date: 2014-03-04
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ashleigh Merchant The Merchant Law Firm PC, Marietta, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, Charles Boring, and Daniel Quinn, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A13A2210

    Evidence that the defendant moved the victim to the backseat of his vehicle, sat on her chest, forced a sex act and did not stop despite the victim's pleas was sufficient to sustain his conviction f

  • Broyard v. State

    Publication Date: 2014-03-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Brandon Lewis, Norcross, for appellant.
    for defendant: James Wright, District Attorney, and Ralph Bailey District Attorney's Office, McDonough, for appellee.
    Case Number: A13A2318

    The defendant's conviction for the aggravated assault of a fast food restaurant manager was included in and merged with his armed robbery conviction as a matter of

  • Henderson v. State

    Publication Date: 2014-02-10
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A2106

    The defendant had validly waived his right to post-conviction relief as part of a negotiated plea agreement, thus the trial court properly denied his motion to modify his sen