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Publication Date: 2010-12-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Brad C. Kaplan and James I. Seifter, Marietta, for appellant.
for defendant: . Joseph C. Parker Downey & Cleveland, Lisa K. Whitfield Hicks, Casey & Foster PC, Marietta, Barbara A. Marschalk Drew, Eckl & Farnham, William E. Gray II Gray, King, Chamberlin & Martineau LLC, Heather H. Miller Carlock, Copeland & Stair LLP, Assunta S. Fiorini Dennis, Corry, Porter & Smith LLP, David T. Markle Mabry & McClelland LLP, Brian C. McCarthy, Atlanta, Michael D. Birchmore, Blue Ridge, and Laura V. Benesh, Suwanee, for appellees. Other party representation: Sarah-Elizabeth Herrup Drew, Eckl & Farnham LLP, Sarah G. Adle Gray, King, Chamberlin & Martineau LLC, Atlanta, Mary E. Priest Downey & Cleveland LLP, Marietta, and William R. Youngblood, Suwanee.
Case Number: A10A1092; A10A1093
The retaining wall off of which the decedent and his bicycle fell was an open and obvious condition, which the decedent could have avoided by the exercise of ordinary
Publication Date: 2010-12-03
Practice Area:
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Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: L. Elizabeth Lane, Macon, for appellant.
for defendant: Fredric D. Bright, District Attorney, Milledgeville, and Shelley S. Tice, Assistant District Attorney, Irwinton, for appellee.
Case Number: A10A1740
The trial court did not err in admitting a video interview of the defendant's 3-year-old son, wherein the son stated that the defendant hurt his bootie, since the statement reflected the requisite d
Publication Date: 2010-12-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Lee W. Fitzpatrick, Kennesaw, for Watkins. Carl P. Greenburg Metro Conflict Defender, Atlanta, for Thomas. Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
for defendant:
Case Number: A10A2236; A10A2312
Under the doctrine of transferred intent, the evidence supported the defendant's conviction for aggravated assault, even though he did not intend to shoot victim and victim did not anticipate receiv
Publication Date: 2010-11-19
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Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Wayne L. Burnaine, Lawrenceville, for appellant.
for defendant: Daniel J. Porter, District Attorney, and Tracie H. Cason, Deputy Chief Assistant District Attorney, Lawrenceville, for appellee.
Case Number: A10A0975
The defendant's 20-year sentence, with 10 to serve in prison, for a crime she committed when she was 13 years old, did not amount to cruel and unusual punishment and was not so severe or disproporti
Publication Date: 2010-11-19
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Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Lance D. Dutton Public Defender's Office, Cartersville, for appellant.
for defendant: Thomas J. Campbell, District Attorney, and Suzanne Z. Brookshire District Attorney's Office, Cartersville, for appellee.
Case Number: A10A1130
The state did not act in bad faith or knowingly withhold evidence when it failed to timely produce two supplemental reports prior to trial because the it gave defendant the information contained in
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III, Cathleen T. Butler
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Publication Date: 2010-11-12
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Harvey S. Wasserman, Carnesville, for appellant.
for defendant: Robert W. Lavender, District Attorney, Elberton, and James W. Webb, District Attorney, Danielsville, for appellee.
Case Number: A10A0940
The state did not present evidence showing that body armor is a tool commonly used in the commission of attempted armed ro
Publication Date: 2010-11-12
Practice Area:
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Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Louis Levenson Louis Levenson & Assocs., Atlanta, for Rescigno. Louis R. Cohan and David B. Weinberg Weinstock & Scavo PC, Atlanta, for Vesali.
for defendant:
Case Number: A10A1351, A10A1352
The trial court did not err in denying the plaintiff's motion to disqualify the defendant's attorney and his firm, because another attorney at the same firm represented the plaintiff in defense of a
Publication Date: 2010-11-05
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Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Horatio O. Edmondson and Yemane K. Clarke, Stone Mountain, for appellant.
for defendant: Laura Sauriol, Tamara N. Baines and Tressa P. Marryshow City of Atlanta Law Dep't, Atlanta, for appellee.
Case Number: A10A0862
The city of Atlanta was entitled to sovereign immunity from the plaintiff's action alleging that the city negligently maintained a fountain and failed to remove ice from a city sidewalk, causing her
Publication Date: 2010-10-29
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Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Gina A. Smalley, Marietta, for appellant.
for defendant: Patrick H. Head, District Attorney, and Dana J. Norman, Assistant District Attorney, Marietta, for appellee.
Case Number: A10A0895
Trial counsel was deficient for not objecting to certain testimony of the investigating detective as to statements witnesses made to him during his investigation, since such statements were cumulati
Publication Date: 2010-10-29
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Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Gwendolyn K. Fleming, District Attorney, and William T. Sakrison, Assistant District Attorney, Decatur, for appellant.
for defendant: Shenette Huff, Atlanta, proceeded pro se.
Case Number: A10A0941
The defendant's answer to the state's complaint for the forfeiture of $1,270 it seized from the defendant's residence failed to comply with O.C.G.A. § 16-13-49 o 3's verification requir
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