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  • St. Paul Fire & Marine Ins. Co. v. Hughes

    Publication Date: 2013-05-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Stephen Rapp Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellant.
    for defendant: Alicia Timm, Bradley Wolff Swift, Currie, McGhee & Hiers LLP, Atlanta, Norman Sawyer Shivers & Associates, Alpharetta, Francis Morris Morris, Webster & Corless, Tifton, Terry Dillard Dillard, Bower & Crowley, Waycross, and R. Stephen Sims, Springfield, for appellee.
    Case Number: A13A0702

    The Georgia Uninsured Motorist Statute applied to the insurance policy that was issued and delivered in Indiana, since Georgia was the principal location of risk, the insurance company was licensed

  • Funk v. State

    Publication Date: 2013-05-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ernie Sheffield, Public Defender, Bainbridge, for appellant.
    for defendant: Joseph Mulholland, District Attorney, and Heather Lanier, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: A13A0624

    The State's two nolle prosequis of the defendant's two previous indictments did not preclude the subsequent prosecution for the same offenses under O.C.G.A. § 17

  • Harrell v. State

    Publication Date: 2013-05-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert Rutledge Public Defender's Office, Rome, for appellant.
    for defendant: Leigh Patterson, District Attorney, and Kay Wetherington, Assistant District Attorney, Rome, for appellee.
    Case Number: A13A0117

    The evidence did not support the defendant's armed robbery conviction since the defendant used his knife to assault the victim after he had already taken the victim's wallet and did not use the knif

  • State v. Mullins

    Publication Date: 2013-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gregory Winters, District Attorney, Macon, and John Geiger, Assistant District Attorney, Fort Valley, for appellant.
    for defendant: Franklin Hogue Hogue & Hogue, Macon, for appellees.
    Case Number: A13A0252

    The State failed to prove that the tolling provisions of O.C.G.A. § 17-3-2.2, which provides a 15-year statute of limitation for crimes against victims over the age of 65, had been triggered in the

  • Poole v. In Home Health LLC

    Publication Date: 2013-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Shelley W. Cox, Elberton, for appellant.
    for defendant: Richard McWilliams Littler Mendelson PC, Atlanta, for appellee.
    Case Number: A13A0303

    Nothing in O.C.G.A. § 34-8-2 demonstrates that the General Assembly created the statute as a specific exception to the at-will employment statute, thus the defendant could not be liable for fraud an

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    A Letter from Your Client

    Authors: By Alex Geisler

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  • Reid v. State

    Publication Date: 2013-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Phillip Peacock, Atlanta, for appellant.
    for defendant: Fredric Bright, District Attorney, Gray, Alison Burleson, Assistant District Attorney, Madison, and Samuel S. Olens, Attorney General, Atlanta, for appellee.
    Case Number: A13A0302

    Investigators established sufficient probable cause for a search warrant through three controlled drug purchases from the defendant, including two at the house which was the subject of the search wa

  • Mallard v. State

    Publication Date: 2013-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: David Smith, Buchanan, for appellant.
    for defendant: Robert Brooks, John Browning, District Attorneys, Cedartown, and Carmen Bolden, Assistant District Attorney, Buchanan, for appellee.
    Case Number: A13A0139

    The evidence authorized a finding that the defendant had constructive possession of a canister containing methamphet

  • Gaither v. State

    Publication Date: 2013-05-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Sheueli Wang Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Layla Zon, District Attorney, Covington, and Erle Newton District Attorney's Office, Monroe, for appellee.
    Case Number: A13A0690

    The evidence sufficiently supported the burglary conviction, since police found the defendant with the stolen chainsaw and towel near the burglarized residence on the same day the owner discovered t

  • Ware v. State

    Publication Date: 2013-05-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Dell Jackson, Atlanta, for appellant.
    for defendant: Paul Howard, District Attorney, and Christopher Quinn, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A13A0595

    A defendant has no vested interest in having any particular juror serve, so long as the selected jury is legal and impa

  • Walker v. Culpepper

    Publication Date: 2013-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert Koski The Koski Firm, Fairburn, for appellant.
    for defendant: Laura Maki, Atlanta, for appellee.
    Case Number: A13A0210

    The personal injury plaintiff was guilty of laches since he did not serve the defendant until 10 months after the running of the statute of limitation and failed to establish due diligence in accomp