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  • Regent v. State

    Publication Date: 2017-01-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kenneth Kondritzer, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Atlanta, and Lenny Krick, Assistant District Attorney, Decatur, for appellee.
    Case Number: A14A1770

    As charged in the indictment, defendant's convictions on one count of aggravated assault and one count of aggravated battery arising out of an incident in which he twice, in quick succession, slashe

  • Frazier v. State

    Publication Date: 2016-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Michael Tarleton and Erin Pinder Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Julia A. Slater, District Attorney, and Robert Bickerstaff District Attorney's Office, Columbus, for appellee.
    Case Number: A16A1118

    Defendant's convictions for hijacking a motor vehicle and theft by receiving were mutually exclusive, because they were based on taking the same vehicle, and one cannot receive stolen property unles

  • Reid v. State

    Publication Date: 2016-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Charleston Reid, Unadilla, proceeded pro se. Stephen Bradley, Chief Assistant District Attorney, and Reginald Bellury, Assistant District Attorney, Milledgeville, for appellee.
    for defendant:
    Case Number: A16A1380

    The trial court erred in failing to hold an evidentiary hearing on the issue of whether trial counsel's deficient performance was the cause of defendant's failure to file a timely direct a

  • McDougler v. State

    Publication Date: 2016-11-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Leo Kight, Public Defender, Woodbine, and Andrew Fleischman Public Defender's Office, Dallas, for appellant.
    for defendant: Jacquelyn Johnson, District Attorney, Brunswick, Rocky Bridges, Assistant District Attorney, Woodbine, and Andrew Ekonomou The Lambros Firm LLC, Atlanta, for appellee.
    Case Number: A16A1347

    The trial court did not abuse its discretion in denying defendant's motion to dismiss the indictment against him on constitutional speedy trial gr

  • Rentz v. Rentz

    Publication Date: 2016-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: George Donaldson and Misty Haskins Perry Walters LLP, Albany, for appellant.
    for defendant: in Case No. A16A0767. Gregory Smith The Smith Group, Bainbridge, and Allen Olson, Albany, for appellant in Case No. A16A0859. Gregory Smith The Smith Group, Ben Kirbo, Bainbridge, and Allen Olson, Albany, for appellees in Case No. A16A0767. George Donaldson Perry Walters LLP, Albany, and Ben Kirbo, Bainbridge, for appellees in Case No. A16A0859.
    Case Number: A16A0767; A16A0859

    The superior court had concurrent jurisdiction with the probate court to address executor of the e's conflicting duties with regard to the distribution of several parcels of real property in th

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Clemons v. Delta Airlines Inc.

    Publication Date: 2016-09-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Carlos Clemons, Atlanta, proceeded pro se. Thomas Munger Munger Stone LLP, Atlanta, for appellee.
    for defendant:
    Case Number: A16A1018

    The trial court properly dismissed the plaintiff's claims against his former employer arising out of the termination of his employment based on expiration of the statute of limitation and failure t

  • Barton v. State

    Publication Date: 2016-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Paul Barton, Nicholls, proceeded pro se. Leigh Patterson, District Attorney, and Harold Goldin, Assistant District Attorney, Rome, for appellee.
    for defendant:
    Case Number: A16A0745

    The sentences the trial court imposed following the defendant's convictions on two counts of sexual battery, including one count against a child under the age of 16, were void, because the trial cou

  • Strickland v. Strickland

    Publication Date: 2016-09-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Roy E. Barnes The Barnes Law Group LLC, Marietta, for appellant.
    for defendant: Hylton B. Dupree Jr. and Blake R. Carl Dupree Kimbrough LLP, Marietta, for appellees.
    Case Number: A14A1577

    The superior court was authorized to conclude that the three minor chil grandparents had demonstrated by clear and convincing evidence that a permanent award of custody to them was in the chi

  • Community S. Bank v. First Bank of Dalton

    Publication Date: 2016-09-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Bryan Busch Busch Slipakoff Schuh LLP, and Laura Mirmelli Baker Donelson Bearman Caldwell Berkowitz PC, Atlanta, for appellant.
    for defendant: . Avery Jackson Tisinger Vance PC, Carrollton, Stephen Michmerhuizen, and Warren Coppedge Coppedge Evans PC, Dalton, for appellees.
    Case Number: A16A0313

    The trial court erred in ruling that the defendant was not entitled to deduct expenses from the proceeds of a foreclosure sale of real property before distribution to the parties holding an interest

  • McDuffie v. Ocmulgee EMC

    Publication Date: 2016-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Blake Smith and David Ricks Nelson Smith PC, Macon, for appellant.
    for defendant: David Dix and Frederick Hubbs Hall, Booth, Smith Slover PC, Atlanta, for appellees. Other party representation: Douglas Witten State Bd. of Workers' Compensation, Atlanta.
    Case Number: A16A0092

    Although there was some evidence supporting the administrative law judge's determination that the workers' compensation claimant experienced a change in condition for the better and was able to retu