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Publication Date: 2010-10-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Walter M. Chapman, Jonesboro, for appellant.
for defendant: Tracy G. Lawson, District Attorney, and Sheryl D. Freeman, Assistant District Attorney, Jonesboro, for appellee.
Case Number: A10A1490
The defendant could not assert a defense of coercion, since the evidence did not show that the victim forced him to have sex under a threat of present and immediate viol
Publication Date: 2010-10-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: J. Alexander Johnson and Graham F. Floyd, Baxley, for appellant.
for defendant: Scott L. Ballard, District Attorney, Benjamin D. Coker, Assistant District Attorney, Thomaston, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee.
Case Number: A10A1206
The evidence supported a finding that the appellant's son jointly owned her car and used it to facilitate a drug transa
Publication Date: 2010-09-24
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Brandi D. Payne Public Defender's Office, Swainsboro, for appellant.
for defendant: Samuel H. Altman, District Attorney, Swainsboro, and Adriane L. Love, Assistant District Attorney, Lyons, for appellee.
Case Number: A10A1281
Trial counsel was not ineffective for failing to file a meritless motion to suppress the evidence found in the defendant's vehicle after the defendant abandon
Publication Date: 2010-09-24
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Marvin P. Hicks III The Hicks Law Firm, Lawrenceville, for appellant.
for defendant: Rosanna M. Szabo, Solicitor-General, and Nicholas J. Carse, Assistant Solicitor-General, Lawrenceville, for appellee.
Case Number: A10A0820
The defendant failed to show that the solicitor general had actual knowledge of all charges agains
Publication Date: 2010-09-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Michael B. King, Jonesboro, for appellant.
for defendant: Scott L. Ballard, District Attorney, Benjamin D. Coker, Assistant District Attorney, Thomaston, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee.
Case Number: A10A1223
Insufficient evidence existed to support a charge of possession of marijuana, since the state failed to establish that the defendant possessed the marijuana or had the intent to exercise dominion or
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Authors: George J. Kenny, Frank A. Lattal
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Publication Date: 2010-09-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Donna A. Seagraves and Crandall A. Heard, Jefferson, for appellant.
for defendant: James B. Smith, District Attorney, Winder, and Robin R. Riggs, Assistant District Attorney, Jefferson, for appellee.
Case Number: A10A1412
Sufficient evidence supported the defendant's convictions for theft by taking and fleeing or attempting to allude an of
Publication Date: 2010-09-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Michael D. Robl Spears & Robl LLC, Decatur, for appellant.
for defendant: Robert A. Weber The Weber Firm LLC, Gainesville, for appellee.
Case Number: A10A1407
The maker and guarantor of promissory note could not assert promissory estoppel as an affirmative defense to default, since the bank's alleged promises to refinance or issue a new line of credit wer
Publication Date: 2010-09-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Jennifer A. Trieshmann Georgia Public Defender Standards Council, Atlanta, for appellant.
for defendant: Herbert E. Franklin Jr., District Attorney, Lafayette, and Alan C. Norton, Assistant District Attorney, Ringgold, for appellee.
Case Number: A10A1177
A jury instruction, which differs from the indictment' "violates due process where there is evidence to support a conviction on the unalleged manner of committing the crime and the jury is not instr
Publication Date: 2010-09-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Robert G. Norred Jr. Logan-Thompson PC, Cleveland, Tenn., for appellant.
for defendant: . John E. Menechino Jr., Clifford F. Altekruse Smith, Currie & Hancock LLP, Atlanta, and Barry L. Gold McWilliams & Gold, Chattanooga, Tenn., for appellee.
Case Number: A10A1290
An insurance company was entitled to summary judgment in its suit seeking to recover its payments, losses, fees and expenses based on the clear and unambiguous language of the applicable indemnity a
Publication Date: 2010-09-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Benjamin D. Goldberg The Bernstein Firm, Atlanta, and Amanda L. Cosson, Assistant Public Defender, Dalton, for appellant.
for defendant: Kermit N. McManus, District Attorney, and Susan L. Franklin, Assistant District Attorney, Dalton, for appellee.
Case Number: A10A1601
The defendant served the state with notice of intent to introduce the victim's conviction the day after jury selection, thus, providing no advance notification as required under O.C.G.A. § 24-9-8
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