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  • White v. State

    Publication Date: 2011-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thomas S. Sunderland Sunderland & Diaz, Buford, for appellant. Tracy G. Lawson, District Attorney, and Travis J. Meyer District Attorney's Office, Jonesboro, for appellee.
    for defendant:
    Case Number: A11A1300

    Evidence that the defendant and an unarmed victim engaged in a heated argument, which escalated to preparations for a mutual, physical altercation, supported the defendant's voluntary manslaughter c

  • Stepho v. State

    Publication Date: 2011-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Louis M. Turchiarelli, Marietta, for appellant. Garry T. Moss, District Attorney, Wallace W. Rogers Jr. and Cliff Head, Assistant District Attorneys, Canton, for appellee.
    for defendant:
    Case Number: A11A1334

    The trial court did not err in admitting similar transa evidence of the defendant's prior sexual battery convi

  • Edwards v. State

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Benjamin A. Pearlman Public Defender's Office, Athens, for appellant. Kenneth W. Mauldin, District Attorney, and Raquel C. Stokes, Assistant District Attorney, Athens, for appellee.
    for defendant:
    Case Number: A11A0781

    The trial court did not err in admitting the defendant's apology letter to the victims, which he wrote during custodial interrogation after confessing, as the investigative officer's techniques in p

  • R. R. Donnelley v. Ogletree

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Douglas L. Clayton Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellants. Ronald C. Conner Morgan & Morgan PA, Atlanta, and Kenneth M. Brock, Duluth, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Compensation, Atlanta.
    for defendant:
    Case Number: A11A1170

    The claimant sustained a fictional new accident on the date he was laid off and ceased to work because, following an on-the-job injury, he experienced a gradual worsening of his condition as he cont

  • James v. State

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James D. Crowe, Athens, for appellant. Kenneth W. Mauldin, District Attorney, and Jon R. Forwood, Assistant District Attorney, Athens, for appellee.
    for defendant:
    Case Number: A11A1253

    Under the totality of the circumstances, the magistrate had a substantial basis for concluding that probable cause existed to issue a search warrant, even though the agent seeking the warrant did no

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  • Gomez-Oliva v. State

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lucas O. Harsh, Lawrenceville, for appellant. Daniel J. Porter, District Attorney, and Richard A. Vandever, Assistant District Attorney, Lawrenceville, for appellee.
    for defendant:
    Case Number: A11A0952

    Although the defendant's motion for new trial was premature, he filed his notice of appeal within 30 days of the trial court's denial of the motion, so his appeal was properly before the

  • Griffin v. State Bank of Cochran

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Charles S. Conerly and Randall C. Parian Smith Conerly LLP, Carrollton, for Griffin and MAL Rentals LLC. Burleigh L. Singleton and John R. Gibson Kilpatrick Townsend & Stockton LLP, Atlanta, for State Bank of Cochran.
    for defendant:
    Case Number: A11A1466; A11A1467

    The bank was entitled to summary judgment in its action to collect on a promissory note, as the defendants' admissions that they entered into the note and guaranty at issue and failed to pay their r

  • City of Atlanta v. Lockett

    Publication Date: 2011-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Laura Sauriol-Gibris City of Atlanta Law Dep't, Atlanta, for appellant. Christopher J. Graddock, Keenan R. S. Nix Morgan & Morgan PA, and John D. Hadden, Atlanta, for appellee.
    for defendant:
    Case Number: A11A0948

    Sovereign immunity is waived on claims for the negligent use of a covered motor vehicle, and an allegation that an officer acted with reckless disregard for proper law enforcement procedures in pur

  • Williams v. State

    Publication Date: 2011-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Angela Z. Moore-Brown The Moore Brown Law Group PC, Marietta, for appellant. Patrick H. Head, District Attorney, Marion T. Woodward, Assistant District Attorney, and Anna G. Cross District Attorney's Office, Marietta, for appellee.
    for defendant:
    Case Number: A11A1108

    The trial court did not err in charging the jury on the law of party to a crime, as slight evidence that two getaway cars were used in the bank robbery supported the possibility that the defendant a

  • Tidwell v. State

    Publication Date: 2011-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards CouncilAppellate Division, Atlanta, for appellant. Leigh E. Patterson, District Attorney, and Kay A. Wetherington, Assistant District Attorney, Rome, for appellee.
    for defendant:
    Case Number: A11A1147

    The trial court's error in failing to instruct the jury following closing arguments on the presumption of innocence and reasonable doubt was harmless, given that the trial court included these instr