• Stewart v. State

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Maryann F. Blend, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Franklin P. Clark, Assistant District Attorney, and Samantha Routh District Attorney's Office, Lawrenceville, for appellee.

    Case Number: A11A0474

    Under the circumstances, the court did not abuse its discretion in finding that the 5-year delay did not violate the defendant's constitutional right to a speedy

  • Georgia Dep't of Revenue v. Trawick Constr. Co. Inc.

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Warren R. Calvert, Senior Assistant Attorney General, and Lourdes Gonzalez, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Robert G. Brazier and Michael S. Evans Baker, Donelson, Bearman, Caldwell & Berkowitz PC, Atlanta, for appellee. Other party representation: Timothy J. Peaden Alston & Bird, Atlanta.

    Case Number: A08A2323

    The gain from a sale of one company to another was excluded from Georgia taxable income, because O.C.G.A. § 48-7-21 applies only to elections made by corporate tax payers and the § 338 h 10 electio

  • Daniels v. State

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Richard A. Mallard, District Attorney, and Keith A. McIntyre, Assistant District Attorney, Statesboro, for appellee.

    Case Number: A11A0530

    The trial court properly tailored a jury charge to the allegation in the indictment by charging only the relevant portion of the applicable simple assault st

  • Rozier v. Mayor and Alderman of the City of Savannah

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Karl C. Zipperer and Brent J. Savage Savage, Turner, Pinson & Karsman, Savannah, for appellant.
    for defendant: Peter A. Giusti and James B. Blackburn, Savannah, for appellee.

    Case Number: A11A0588

    The Court affirmed the dismissal of the plaintiff's suit against the city concerning the denial of an application for a liquor license as the plaintiff's sole remedy was through a writ of cert

  • Hall v. State

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Henry A. Hibbert Cromwell & Hibbert, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and Lenny I. Krick, Senior Assistant District Attorney, Atlanta, for appellee.

    Case Number: A11A0640

    The record showed that the confidential informant was rel

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  • Landrum v. Enmark Stations Inc.

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Noble L. Boykin Jr. Jones, Boykin & Assocs., Savannah, for appellant.
    for defendant: Morton G. Forbes Forbes, Foster & Pool, Savannah, for appellees.

    Case Number: A11A0265

    Constructive knowledge for purposes of premises liability may be inferred where evidence shows that the owner lacked a reasonable inspection proc

  • Cannon v. State

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Drew Findling The Findling Law Firm, Atlanta, for appellant.
    for defendant: R. Javoyne Hicks, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for appellee.

    Case Number: A11A0281

    The trial court did not abuse its discretion in limiting defendant's expert testimony on an eyewitness's potential for misidentification because extensive corroborating evidence supported the eyewit

  • Memar v. Jebraeilli

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Graham J. Purpura, Doraville, for appellant.
    for defendant: Jon A. Green, Suwanee, for appellee.

    Case Number: A11A0541

    The trial court did not err in failing to allow arguments by the parties prior to entering a decision on remand because the Court gave no direction that the trial court hold further proceedings but

  • Valdez v. State

    Publication Date: 2011-07-08
    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, Cliff Head and Lawton W. Scott, Assistant District Attorneys, Canton, for appellee.

    Case Number: A11A0430

    The trial court did not abuse its discretion in failing to excuse a prospective juror on the basis that his son was a state witness because the juror testified that he could listen to the evidence a

  • Hoover v. Maxum Indemnity Co.

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lance A. Cooper The Cooper Firm, Marietta, for Hoover. Philip W. Savrin and Darl H. Champion Jr. Freeman, Mathis & Gary LLP, Atlanta, for Maxum Indemnity.
    for defendant:

    Case Number: A11A0284; A11A0285

    The evidence showed an unjustifiable and unreasonable failure to comply with the notice provisions of the defendant's insurance policy, after the plaintiff suffered a catastrophic brain stem injury