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  • Hedden v. State

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Herman M. Kilgore, Marietta, for appellant.
    for defendant: . Garry T. Moss, District Attorney, and Lara A. Snow District Attorney's Office, Canton, for appellee.
    Case Number: A09A2170; A09A2171

    O.C.G.A. § 17-10-6.2 c 1 F precludes deviation from the mandatory minimum when the victim is physically restrained during the commission of the of

  • Hudson v. State

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Teddy R. Price, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Stephany J. Luttrell, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A10A1911

    Notwithstanding the absence of a certificate of service attached directly to the defendant's speedy trial demand, the demand was its own separate, distinct and individual document that complied with

  • Collins v. State

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John H. Bradley Public Defender's Office, Millegeville, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Charles L. Guerin IV and Daniel B. Cochran, Assistant District Attorneys, Millegeville, for appellee.
    Case Number: A11A0045

    Any error in the trial court admitting testimony that the defendant was the victim's first sexual partner was harmless, as it was cumulative of the victim's other testimony regarding this same fact,

  • Dominic v. Eurocar Classics

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ernest N. Tate, Fairburn, for appellant.
    for defendant: Matthew G. Moffett, W. Jason Pettus Gray, Rust, St. Amand, Moffett & Brieske LLP, Bryce W. Mowbray III Skedsvold & White LLC, Atlanta, and Georginia B. Howard Speed, Seta & Waters LLC, Lawrenceville, for appellee.
    Case Number: A11A0628

    Absent any oral or written contract provisions, the plaintiff was not an intended third-party beneficiary and had no standing to bring a breach of contract a

  • Brown v. State

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kevin Armstrong, Assistant Public Defender, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, and Cania R. Brown-Gordon District Attorney's Office, Albany, for appellee.
    Case Number: A11A0657

    The examining nurse's testimony was admissible to refute an alleg of recent fabric

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    New Jersey Arbitration Handbook 2024

    Authors: Hon. William A. Dreier, Robert E. Bartkus

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  • Jones v. State

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James A. Chamberlin Jr., Brunswick, for appellant.
    for defendant: Jacqueline L. Johnson, District Attorney, and Jonathan R. Miller III, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A11A0747

    Since there was no fatal variance between the indictment and the proof at trial, defense counsel was not deficient for failing to move for a directed verdict on that

  • Bethel v. Fleming

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Howard W. Indermark, Avondale Estate, for appellant. Leonora Grant, Assistant District Attorney, Decatur, for appellee. Other party representation: Susan B. Ellis, Decatur.
    for defendant:
    Case Number: A10A2104

    Magistrate judges are required to admit and weigh hearsay evidence in preliminary hea

  • Damerow v. State

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John G. Wolinski, Hahira, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, and Michael L. Bankston, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: A11A0338

    The defendant failed to show prejudice from error in admitting testimony of the victim's mother, investigating officer, forensic interviewer and family counselor about the victim's disclosures regar

  • Subsequent Injury Trust Fund v. City of Atlanta

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Atlanta, and Rita J. Llop Harrison & Llop PC, Eastman, for appellant.
    for defendant: Timothy C. Lemke and Ashley D. Alfonso Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Compensation, Atlanta.
    Case Number: A11A0688

    In case of first impression, the Court held that a lump-sum advance of future income benefits paid to foreclose extreme hardship, rather than to compensate for present lost wages, was not subject to

  • Matheson v. Braden

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Peter T. Alford, LaGrange, for appellant.
    for defendant: Frank E. Jenkins III, Robert L. Walker Jenkins, Olson & Bowen PC, Cartersville, and J. Clinton Sumner Jr. Magruder & Sumner, Rome, for appellee.
    Case Number: A11A0712

    The defendant's employee was not acting within the scope of his employment with the defendant when he collided with the plaintiffs' care while driving the defendant's