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  • Brown v. State

    Publication Date: 2010-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Charles L. Webb, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Lenny I. Krick, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A09A1911

    The defendant falsified three Federal Highway Administration FHA purchase orders purportedly for supplies and services, which, in fact, authorized payment of FHA funds for unauthorized college co

  • Nesmith v. Landmark Dodge Inc.

    Publication Date: 2010-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jon D. Stewart Jr. Smith, White, Sharma & Halpern PA, Atlanta, for appellant.
    for defendant: Robert P. White and Diem N. Kaelber Buckley King, Atlanta, for appellee.
    Case Number: A09A2307

    The defendant failed to contradict the sheriff's return of service with any evidence that an administrative assistance at the defendant's registered agent's office lacked authority to accept service

  • Rowe v. State

    Publication Date: 2010-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Brandon Lewis, Norcross, for appellant.
    for defendant: Tracy G Lawson, District Attorney, and Billy J. Dixon, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A09A1969

    The trial court did not err in admitting defendant's pre-Miranda statements, because the initial statements were voluntary and made under noncustodial circumst

  • Crystal Farms v. Road Atlanta LLC

    Publication Date: 2010-02-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ronald T. Coleman Jr. Parker Hudson Rainer & Dobbs LLP, Atlanta, for appellant.
    for defendant: Matthew T. Smith and Roger B. Hatcher Jr. Smith, Gilliam, Williams & Miles PA, Gainesville, for appellee.
    Case Number: A09A2141

    Easement language did not require an affirmative showing of abandonment before reversion to a farm, because the parties' express intent was that the easement would revert to the farm when it was no

  • In the Interest of G.A.M.

    Publication Date: 2010-02-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: David R. Savoy, Cumming, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson, Assistant Attorney General, Atlanta, and Rochelle A. Doyle, Special Assistant Attorney General, Roswell, for appellee. Other party representation: Rebecca E. Capes, Cumming.
    Case Number: A09A2335

    The same evidence that showed parental misconduct established that the child's best interests required the termination of the mother's r

  • Law Journal Press | Digital Book

    Land Use Law: Zoning in the 21st Century

    Authors: Brent Denzin, Julie A. Tappendorf, Adam Simon, David S. Silverman, Gregory W. Jones, Daniel J. Bolin

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  • Matlock v. State

    Publication Date: 2010-02-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: David J. Koontz, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, and John R. Edwards District Attorney's Office, Marietta, for appellee.
    Case Number: A09A2238

    The evidence was sufficient to prove force necessary for rape, because the victim testified that it hurt when defendant penetrated her and that defendant threatened to put her family out of the hous

  • Conyers v. State

    Publication Date: 2010-02-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Glynn R. Stepp, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Robby A. King Solicitor General's Office, Lawrenceville, for appellee.
    Case Number: A09A1646

    The defendant rented the room where cocaine was located and where the transaction nearly took place e and he was clearly aware of the presence of the contr

  • Blue Marlin Dev. v. Branch Banking & Trust Co.

    Publication Date: 2010-02-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Karen F. White and Anna M. Humnicky Cohen, Pollock, Merlin & Small, Atlanta, for appellant.
    for defendant: . James A. Gober and Richard A. Mitchell Arnall Golden & Gregory LLP, Atlanta, for appellee. Other party representation: James E. Tidwell, Acworth, proceeded pro se.
    Case Number: A09A2395

    A non-expert, who has had an opportunity to form a correct opinion, can testify to the value of

  • Wright v. State

    Publication Date: 2010-02-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Judson L. Green IV Green & Green, Dublin, for appellant.
    for defendant: Louie C. Fraser, District Attorney, Robert B. Faircloth, Assistant District Attorney, Dublin, for appellee.
    Case Number: A09A2389

    The defendant's prior convictions for battery and criminal trespass were admissible to show his course of conduct and bent of

  • Evans v. State

    Publication Date: 2010-01-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, and Paige E. Boorman, Assistant Solicitor General, Decatur, for appellee.
    Case Number: A07A1346

    A defendant's waiver of his right to counsel is valid, if the record reflects that the defendant ' "was made aware of the dangers of self-representation and nevertheless made a knowing and intellige