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  • Falagian v. State

    Publication Date: 2009-10-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James S. Lewis, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, John O. Williams, Assistant District Attorney, and Bradley R. Malkin District Attorney's Office, Atlanta, for appellee.
    Case Number: A09A0846

    Although the 54-month delay between defendant's arrest and the filing of his motion to dismiss was presumptively prejudicial, the delay weighed in favor of the state under the circumst

  • State v. Porter

    Publication Date: 2009-10-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and Stephany J. Luttrell, Assistant District Attorney, Atlanta, for appellant.
    for defendant: Jimmonique R. Rodgers Georgia Public Defender Standards Council and Janet W. Hankins, Atlanta, for appellee.
    Case Number: A09A1508

    The 8-year delay between the defendant's initial arrest and his initial trial date was presumptively prejud

  • Sims v. State

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: David F. Dickinson Dickinson, Mixson & Willis, Monroe, for appellant.
    for defendant: William K. Wynn Jr., District Attorney, Covington, and Anthony C. Lee Prosecuting Attorney's Council of Ga., Atlanta, for appellee.
    Case Number: A09A1077

    The state invoked the forfeiture hearing within the required 60 days of service of its complaint by forwarding a blank Rule Nisi to the trial judge and asking that the trial court fix a hearing on o

  • Sims v. State

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, James L. Wright III and Alicia C. Gant, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A09A0793

    Under the circumstances, the trial court did not abuse its discretion in ruling that the defendant was not coerced into pleading guilty on the basis of his plea counsel's lack of prepar

  • Watson v. State

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John D. Rasnick, Manchester, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, for appellee.
    Case Number: A09A1020

    The defendant failed to overcome the strong presumption that his trial counsel acted reasonably in not calling his mother and aunt as witnesses, since neither trial counsel nor either proposed witne

  • Law Journal Press | Digital Book

    New Jersey Real Estate Brokerage Law 2024

    Authors: Barry S. Goodman

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  • Johnson v. State

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Layla H. Zon, Assistant District Attorney, Covington, for appellee.
    Case Number: A09A1049

    The co-defendant attempted to take the underaged victim's car at gunpoint and, when he failed, he fled to the defendant's nearby waitin

  • Zuniga v. State

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Linda T. Day and Karlyn Skall, Lilburn, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A1245

    The language in the defendant's indictment only required the state to prove that he transmitted herpes to the then 4-year-old v

  • Lavigne v. State

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James W. Bradley, Lakemont, for appellant.
    for defendant: Tracy G Lawson, District Attorney, and Anece Baxter, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A09A1554

    The defendant's convictions for theft by conversion and violating the Georgia Securities Act of 1973 did not merge as a matter of law or

  • Cantrell v. State

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John R. Burdges, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Tracie H. Cason, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A09A1218

    The defendant admitted to having committed an armed robbery and a robbery by intimidation of two busin

  • Carter v. State

    Publication Date: 2009-08-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lewis R. Lamb Public Defender's Office, and Reese H. Davis, Americus, for appellant.
    for defendant: Plez H. Hardin, District Attorney, Jesup, David E. Perry and Daniel P. Bibler, Assistant District Attorneys, Americus, for appellee.
    Case Number: A09A0973

    The defendant entered the victim's house alone, without authority, demanded money with a visible weapon and fled when police arrived in response to the victim's r