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Publication Date: 2010-07-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: G. G. Joseph Kunes Jr., Tifton, for appellant.
for defendant: J. David Miller, District Attorney, and Bradfield M. Shealy, Senior Assistant District Attorney, Valdosta, for appellee,
Case Number: A10A0081
The state proved venue through evidence that the victim was shot and buried in Echols c
Publication Date: 2010-07-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Dell Jackson, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, and John O. Williams, Assistant District Attorney, Atlanta, for appellee.
Case Number: A10A0785
Defense counsel was not deficient for failing to make a futile motion to strike the eyewitness's testimony as irrel
Publication Date: 2010-07-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: James T. Brieske, Atlanta, for Selective HR Solutions Inc. Thomas W. Herman Westmoreland, Patterson, Moseley & Hinson LLP, Macon, for Mulligan. Other party representation: Delece Brooks State Bd. of Workers' Compensation,Donald J. Palmisano Jr. Medical Ass'n of Ga., Lawrence J. LoRusso Lorusso Law Firm PC, Atlanta, and Thomas M. Finn Finn & Hurt, Dalton.
for defendant:
Case Number: A10A0008, A10A0009
Rule 205 of the State Board of Workers' Compensation provides only a rebuttal presumption in favor of compensability in favor of a claimant upon an authorized treating physician's request for advanc
Publication Date: 2010-07-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Johnny and Donna Haygood, Silver Creek, proceeded pro se. James S. Astin, Cedartown, for Head. Larry H. Rogers, Rockmart, proceeded pro se. Christopher P. Twyman Cox, Byington, Corwin & Twyman, Rome, for Tilley.
for defendant:
Case Number: A10A0756; A10A0757; A10A1225; A10A1226; A10A1227
The trial court lacked the authority to rule, sua sponte, on the merits of a collateral estoppel defense, because it is an affirmative defense that must be pled and proved by a party to the action,
Publication Date: 2010-07-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Frank F. Pape Jr., Norcross, for Scott. Harold W. Spence and George L. French, Atlanta, for Daniel. Joseph B. Cruser and Nola D. Jackson Cruser & Mitchell, Norcross, for Government Employees Ins. Co. Other party representation: Trevor G. Hiestand Harper, Waldon & Craig, Charis L. Johnson Law Office of Clifton Lee & Assocs., George H. Connell Jr. Dennis, Corry, Porter & Smith and Steven Salcedo, Atlanta.
for defendant:
Case Number: A10A0220, A10A0221
The insurer failed to carry its burden to prove that its insureds were not entitled to coverage for any claim arising under the auto insurance policy, since the insurer did not support its motion fo
Law Journal Press | Digital Book
Authors: KENNETH DEL VECCHIO
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Publication Date: 2010-07-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Cynthia W. Harrison, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, and Peggy A. Katz, Senior Assistant District Attorney, Atlanta, for appellee.
Case Number: A10A0351
An investigating officer's testimony concerning his personal knowledge of the crimes he investigated is not he
Publication Date: 2010-07-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Shea Belcher, Waycross, proceeded pro se. Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.
for defendant:
Case Number: A10A0453
There was no defect in the aggravated assault counts of the indictment against the defe
Publication Date: 2010-07-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Richard R. Gignilliat and Amy S. Auffant Elarbee, Thompson, Sapp & Wilson LLP, Atlanta, for appellant.
for defendant: Warren R. Power and Patrick D. Jaugstetter Power, Cooper & Jaugstetter PC, McDonough, for appellee.
Case Number: A10A0598
Some evidence supported the $17,585.80 judgment for the former Chief Building Inspector for the city of McDonough in his suit against the city for a breach of his employment agre
Publication Date: 2010-06-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Jason S. Monroe, Jonesboro, for appellant.
for defendant: Daniel J. Porter, District Attorney, and Jimmie E. Baggett Jr., Assistant District Attorney, Lawrenceville, for appellee.
Case Number: A10A0303
The trial court should have merged the defendant's conviction for aggravated assault into his armed robbery conviction, since the state relied on the same act of assault-hitting the victim in the he
Publication Date: 2010-06-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Chad H. Gamradt Browning & Gamradt PC, Lawrenceville, for appellant.
for defendant: N. O. Williams Ferguson Law Firm, Jonesboro, for appellee.
Case Number: A10A0294
The trial court erred in increasing the mother's child support obligation without finding a substantial change in the mother's income since the entry of the party's final divorce d
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