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  • Dillon v. Reid

    Publication Date: 2011-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert J. Kaufman, Jeremy B. Liebman, and Jordan B. Forman Kaufman Miller & Sivertsen, Atlanta, for appellants. Dana B. Miles, Wendy W. Kraby Miles Patterson Hansford Tallant LLC, and Jefferson M. Starr, Cumming, for appellee.
    for defendant:
    Case Number: A11A1492

    The trial court did not abuse its discretion in granting the plaintiff an interlocutory injunction, since the evidence showed that the plaintiff's deadline for applying for a dock permit was less th

  • Hargrave v. State

    Publication Date: 2011-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Christopher J. Ramig, Assistant Public Defender, and Walker L. Chandler Public Defender's Office, Fayetteville, for appellant. Scott L. Ballard, District Attorney, Thomaston, and David J. Younker District Attorney's Office, Fayetteville, for appellee.
    for defendant:
    Case Number: A11A1225

    The evidence, including the then 9-year-old victim's out-of-court statements during a videotaped interview with a social worker, supported the defendant's convi

  • Wilson v. State

    Publication Date: 2011-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Arianne E. Mathe' Collins & Csider LLC, Gainesville, for appellant. Lee Darragh, District Attorney, and Shiv Sachdeva District Attorney's Office, Gainesville, for appellee.
    for defendant:
    Case Number: A11A1236

    The state did not have to prove Wilson's knowledge of the precise weight of the drugs in his possession in order to sustain his marijuana trafficking convi

  • Jones v. White

    Publication Date: 2011-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Alexa R. Ross and Richard L. Robbins RobbinsFreed, Atlanta, for Jones. James E. Dearing Jr., Atlanta, for White. Christopher W. Phillips Hunter, MacLean, Exley & Dunn PC, Savannah, for Khalil. William B. Hill Jr. and Joseph C. Sharp Ashe, Rafuse & Hill LLP, Atlanta, for Brock. Other party representation: Jeffrey M. Smith, Mark G. Trigg, Richard J. Valladares, and Ryan C. Grelecki Greenberg Traurig LLP, Atlanta.
    for defendant:
    Case Number: A11A1047; A11A1048; A11A1049; A11A1050; A11A1051

    The trial court erred in granting summary judgment to the defendant consultant, as material issues of fact remained regarding the fee-splitting arrangement between the plaintiff and this defendant,

  • Campbell v. State

    Publication Date: 2011-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Anthony S. Carter Public Defender's Office, Monroe, for appellant. Layla H. Zon, District Attorney, and Anne M. Kurtz District Attorney's Office, Covington, for appellee.
    for defendant:
    Case Number: A11A1428

    The evidence showed that defendant proved his gun was real during a convenience store robbery by clicking the weapon multiple times until it finally discharged twice and shot the victim in the

  • Law Journal Press | Digital Book

    Florida Affirmative Defenses and Procedural Objections: With Forms 2024

    Authors: Joshua B. Spector, Paul D. Turner

    View this Book

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  • Ailara v. State

    Publication Date: 2011-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant. Robert D. James Jr., District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    for defendant:
    Case Number: A11A1371

    The defendant was entitled to automatic discharge under the First Offender Act upon fulfillment of his 11-year probationary period, even though he twice violated the terms and conditions of his pro

  • In the Interest of A. B., a child

    Publication Date: 2011-09-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Darice M. Good, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Thomas J. O'Donnell, Special Assistant Attorney General, Milledgeville, for appellee. Other party representation: Blanton C. Lingold, Milledgeville.
    Case Number: A11A1281

    The evidence authorized the juvenile court to find that the mother voluntarily and knowingly consented to the termination of her r

  • Oglesby v. Deal

    Publication Date: 2011-09-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Adam P. Cerbone, Savannah, for appellant.
    for defendant: . Dennis G. Dozier, Rincon, for appellees.
    Case Number: A11A1239

    The paternal grandparents did not properly serve the out-of-state mother with process pursuant to Georgia's long-arm st

  • Williams v. State

    Publication Date: 2011-09-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Robert Stokely, Solicitor General, and Sandra N. Wisenbaker Solicitor's Office, Newnan, for appellee.
    Case Number: A11A1446

    The record supported the trial court's finding that the prosecutor did not intentionally assert incorrect evidence during closing arguments and did not intend to goad the defendant into moving for a

  • Oglesby v. State

    Publication Date: 2011-09-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Marc A. Pilgrim Pilgrim & Assocs. PC, Atlanta, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Billy J. Dixon, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A11A1037

    Even if the defendant's encounter with an officer who observed him emerging from behind a vacant private residence was considered to be a second-tier investigative stop, the totality of the circumst