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  • Callaway v. State

    Publication Date: 2002-11-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Elizabeth M. Grant Legal Aid & Defender Clinic, Univ. of Ga. Sch. of Law, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Anna E. Watkins, Assistant District Attorney, Athens, for appellee.
    Case Number: A01A1847

    A 37-month delay between defendant's arrest and his case's appearance on the trial calendar did not constitute a denial of his right to a speedy trial where defendant, who was not incarcerated, acq

  • Hand v. Pettitt

    Publication Date: 2002-11-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Nancee E. Tomlinson and Benny M. Martin B.M. Martin & Assocs. PC, Jasper, for appellant.
    for defendant: George W. Weaver Weaver & Weaver, and Jeffrey L. Floyd, Jasper, for appellee.
    Case Number: A02A2161

    Defendant was entitled to a directed verdict on his claim that a road across plaintiff's property was a public road accessible to all subdivision owners since the road was recorded by a subdivision

  • The City of Poulan v. Hodge

    Publication Date: 2002-11-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Edwin G. Russell Jr. Shivers & Assocs., Alpharetta, for appellant.
    for defendant: . Keith A. Pflepsen, Albany, for appellee.
    Case Number: A01A1189

    The Court of Appeals adopted the Supreme Court's judgment that a finding of maximum medical improvement is not a legal condition precedent to a determination of disability ben

  • Putman v. State

    Publication Date: 2002-11-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: David A. Fox and Graham McKinnon IV Thompson, Fox, Chandler, Homans & Hicks, Gainesville, for appellant.
    for defendant: Lydia J. Sartain, Jason J. Deal, District Attorneys, and Jennifer C. Bagwell, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A02A2323

    The vehicular homicide and reckless driving defendant's 11 prior speeding convictions were relevant to show that he routinely drove his car with disregard for the safety of persons or pro

  • Mathews v. State

    Publication Date: 2002-11-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Meng H. Lim, Buchanan, for appellant.
    for defendant: James R. Osborne, District Attorney, Dallas, and Brian P. Duncan, Assistant District Attorney, Cedartown, for appellee.
    Case Number: A02A2040

    The continuing witness rule did not apply to a crime videotape which was a true depiction of the event, contained no audio and did not substitute for testimony at defendant's

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    Harris County Bench Book 2025

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  • Cooper v. State

    Publication Date: 2002-11-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Wystan B. Getz Clark & Towne PC, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Elizabeth L. Jaeger, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A02A2065

    The detective did not taint defendant's confession by allegedly telling him that he would like to tell the judge that defendant was honest and cooper

  • Thorpe v. State

    Publication Date: 2002-11-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: James J. Lacy, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, and Gregory C. Perry, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A02A2300

    Defendant failed to show any harm in the disposition of an alternative count for criminal attempt to commit trafficking, regardless of whether the alternate count was nol prossed or factually merged

  • Jefferson Randolph Corp. d/b/a JRC Trucking Inc. v. Progressive Data Sys. Inc.

    Publication Date: 2002-11-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Michael A. Dailey, Atlanta, for appellant.
    for defendant: . Peter H. Strott, Atlanta, for appellees.
    Case Number: A01A1590

    The Court of Appeals adopted the Supreme Court's judgment that an arbitration award cannot be vacated based on the arbitrator's manifest disregard of th

  • State v. Tye

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellant.
    for defendant: Elizabeth L. Markowitz, Public Defender, Atlanta, for appellee.
    Case Number: A02A1749

    The trial court erred in excluding DNA analysis of blood samples retrieved from the defendant's shoes since the blood was plainly visible from where the officer stood on the defendant's

  • Middleton v. Troy Young Realty Inc.

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Carol L. Stokes, Macon, for appellant.
    for defendant: . Randall P. Harrison, Macon, for appellee.
    Case Number: A02A1870

    The plaintiffs could not rely on a broker's failure to disclose that their home was smaller than the model home since the addendum to the parties' sales contract specified that plaintiffs were rece