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Publication Date: 2013-07-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Jason Swindle Drummond & Swindle, Carrollton, for appellant.
for defendant: James McDade, District Attorney, and James Dooley, Assistant District Attorney, Douglasville, for appellee.
Case Number: A13A0722
The evidence did not support the defendant's conviction for giving a false to law enforcement, since the State did not show that the defendant gave officers any
Publication Date: 2013-06-27
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Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: James Theodocion, Augusta, for appellant.
for defendant: Rebecca Wright, District Attorney, and Madonna Little, Assistant District Attorney, Augusta, for appellee.
Case Number: A13A0664
There was no reasonable probability that the defendant would have received a different outcome at trial absent trial counsel's alleged deficiency in failing to object to certain evidence, since the
Publication Date: 2013-06-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Mary Erickson, Atlanta, for appellant.
for defendant: Penny Penn, District Attorney, and Sandra Partridge, Chief Assistant District Attorney, Cumming, for appellee.
Case Number: A13A0768
The State presented sufficient evidence to support the armed robbery charge, even though it did not show t e defendant took the items directly from the victim's person, since it was sufficient
Publication Date: 2013-06-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Frederic Beloin Beloin, Brown & Blum LLC, Atlanta, for appellant.
for defendant: . William Hewitt Goodman Mcguffey Lindsey & Johnson, and Jay Pakchar, Atlanta, for appellees. Other party representation: Samuel S. Olens, Attorney General, and Daniel Walsh Attorney General's Office, Atlanta.
Case Number: A13A0667
Although the appointed receiver had exclusive authority to prosecute legal claims common to the insolvent trust fund, the plaintiff members and policyholders had standing to prosecute claims that we
Publication Date: 2013-06-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: James Bonner and Tyler Conklin Georgia Public Defender Standards Council, Atlanta, for appellant.
for defendant: Louie Fraser, District Attorney, and Leslie Ray, Assistant District Attorney, Dublin, for appellee.
Case Number: A13A0446
The evidence was insufficient to support the defendant's conviction for no proof of insurance since O.C.G.A. § 40-6-10 subsection a 1 requires the owner of a vehicle to provide proof of insurance,
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Publication Date: 2013-06-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Long Vo Georgia Public Defender Standards Council, Atlanta, for appellant.
for defendant: Paul Howard, District Attorney, and Arthur Walton, Assistant District Attorney, Atlanta, for appellee.
Case Number: A13A0475
The defendant failed to prove that he suffered prejudice as a result of trial counsel's alleged deficiency in failing to perfect the record and secure a final ruling on his motion in limine to exclu
Publication Date: 2013-06-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Natalie Rowland, Atlanta, for appellant.
for defendant: . Joseph Buller, Dylan Howard, and Joshua Tropper Baker, Donelson, Bearman, Caldwell & Berkowitz PC, Atlanta, for appellee.
Case Number: A13A0019
A typographical error in the legal description of the pr at issue did not invalidate the legal description and did not require reformation, since the security deed sufficiently described the p
Publication Date: 2013-06-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Anne Caiola and Fred Slotkin Slotkin Law Firm PC, Decatur, for appellant.
for defendant: Bruce Mitchell and Jeremiah Handschuh Mitchell & Associates, Atlanta, for appellee.
Case Number: A13A0324
The transfer of funds from the defendant to entities its employee controlled after the garnishment period ended was sufficient for the trial court to conclude that the defendant and its employee col
Publication Date: 2013-06-12
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Mary Erickson, Atlanta, for appellant.
for defendant: James McDade, District Attorney, and James Dooley, Assistant District Attorney, Douglasville, for appellee.
Case Number: A13A0524
In determining the admissibility of similar transaction evidence, the proper focus is on the similarities rather than the differences between the prior incident and the crime for which the defendant
Publication Date: 2013-06-05
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Steven Miller, Summerville, for appellant.
for defendant: Thomas Campbell and Rosemary Greene, District Attorneys, Cartersville, for appellee.
Case Number: A13A0564
The defendant's aggravated assault conviction was void for lack of jurisdiction because his verbal waiver of his right to a grand jury indictment was insufficient to satisfy O.C.G.A. § 17-7-70 subse
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