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  • McCauley v. Thurmond

    Publication Date: 2011-09-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mary I. Dickerson, Decatur, for appellant.
    for defendant: Samuel S. Olens, Attorney General, and Kimberly B. Lewis, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A11A1451

    Some evidence supported the labor department's finding that the claimant was disqualified from receiving unemployment compensation because her discharge resulted from her own failure to submit reque

  • Grady v. State

    Publication Date: 2011-09-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ernest Grady, Reidsville, proceeded pro se. Larry Chisolm, District Attorney, and Jeffrey S. Hendrix, Assistant District Attorney, Savannah, for appellee.
    for defendant:
    Case Number: A11A1086

    The trial court properly denied the defendant's Motion for Modification and Reduction of Sentence because the substance of the motion challenged the conviction upon which the sentence was based rath

  • West v. State

    Publication Date: 2011-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Stephen G. Adkins, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, and Brian A. McDaniel, Assistant District Attorney, Moultrie, for appellee.
    Case Number: A11A0898

    The trial court did not err in denying the defendant's motion to withdraw his guilty plea, as the motion was not timely filed within the term of court in which the plea was en

  • In the Interest of T. H.

    Publication Date: 2011-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James K. Luttrell, Canton, for appellant.
    for defendant: Mark O. Shriver IV Shriver & Gordon PC and Lisa B. Rudolph, Woodstock, for appellee. Other party representation: Darrell R. Caudill Jr., Canton.
    Case Number: A11A1028

    The trial court did not abuse its discretion in dismissing the biological mother's appeal from the denial of her motion for new trial following the grant of a petition to terminate her parental rig

  • Cruz v. State

    Publication Date: 2011-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Sabino P. Cruz, Wrightsville, proceeded pro se. Daniel J. Porter, District Attorney, and Stephen A. Fern, Assistant District Attorney, Lawrenceville, for appellee.
    for defendant:
    Case Number: A11A1205

    The court abused its discretion in denying the defendant's motion for an out-of-time appeal because it failed to make a factual inquiry into the defendant's contentions that his counsel and th

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    Texas Liquor Liability Practice Manual 2024

    Authors: Spencer G. Markle

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  • State v. Thaxton

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Garry T. Moss, District Attorney, Cliff Head and Patricia G. Hull, Assistant District Attorneys, Canton, for appellant.
    for defendant: J. Alfred Johnson, Marietta, for appellee.
    Case Number: A11A0727

    The case was remanded for the trial to conduct a balancing test of the four factors in Barker v. Wingo, 407 U. S. 514 1972 to determine the merits of the defendant's motion for discharge and acquitt

  • State v. Reimers

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Fred A. Lane Jr. Georgia Department of Insurance, Atlanta, and Paul E. Hemmann, Assistant District Attorney, Dallas, for appellant.
    for defendant: Timothy B. Lumpkin, Marietta, for appellee.
    Case Number: A11A0004

    The case was remanded for the trial to conduct a proper balancing test of the four factors in Barker v. Wingo, 407 U. S. 514 1972, to determine the merits of the defendant's motion for discharge and

  • O'Hara v. Gilmore

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Nikolai Makarenko Jr. and Laura D. Johnson Groth & Makarenko LLC, Suwanee, for appellant.
    for defendant: John G. Walrath, Lilburn, for appellee.
    Case Number: A11A0075

    The plaintiff was barred from pursuing a derivative injury suit agai e defendants for the alleged negligence of their daughter in light of the dismissal of the plaintiff's underlying action aga

  • Hill v. Clarke

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John R. Monroe, Roswell, for appellant.
    for defendant: Karen G. Thomas, County Attorney, Jennifer B. Savage, Senior Assistant County Attorney, and Michael V. Stephens II, Lawrenceville, for appellee.
    Case Number: A11A0369

    In denying the prevailing party's motion for attorneys' fees the superior court erroneously grounded its order in equity, rather than i

  • Bolton v. State

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert L. Mack Jr. Mack & Harris PC, Forest Park, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Thomaston, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A11A0373

    While the crime of on-line solicitation references molestation as an underlying purpose, the principal proscribed act is solicitation, so there is no requirement of accomplishment of the act o