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  • Holt v. State

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert J. Storms Office of the DeKalb Co. Public Defender, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Andrette Watson and Barbara B. Conroy, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A01A0617

    The trial court did not abuse its discretion in refusing to grant a mistrial based on questions that required defendant to testify about living with a chain gang since defendant had already placed h

  • Thigpen v. State

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Rodney, K. Miles, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A01A0248

    Defense counsel was not deficient for failing to present evidence of battered woman's syndrome at defendant's trial for shooting at her ex-husband because there was no evidence of a pattern of physi

  • Aggarwal v. State

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Gregory A. Willis, Atlanta, for appellant.
    for defendant: Gerald N. Blaney Jr., Solicitor, Gary S. Vey and Staci B. Melton, Assistant Solicitors, Lawrenceville, for appellee.
    Case Number: A01A0288

    The under 21 implied consent notice informed defendant that the purpose of his breath test was to determine whether he was driving under the influence and that a 0.02 blood alcohol content would re

  • Leverette v. State

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Jackie G. Patterson and Yasma Patterson Patterson & Patterson, LaGrange, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Kathryn O. Pulliam, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A01A0899

    Because defendant's probation officer was a public official employed by the state to handle matter relating to defendant's probation, the officer's filing of a petition to revoke defendant's probat

  • Black v. State

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Bruce F. Morriss and Daniel Shim Morriss, Lober & Dobson LLC, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Vickie V. S. Madden, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A01A0144

    Defendant waived his claimed errors with regard to the timeliness and content of the implied consent notice by burying them in a laundry list of objections and failing to obtain an ruling from the t

  • Law Journal Press | Digital Book

    Florida Affirmative Defenses and Procedural Objections: With Forms 2024

    Authors: Joshua B. Spector, Paul D. Turner

    View this Book

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  • Ford v. Smith

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Philippa V. Tibbs Owen, Gleaton, Egan, Jones & Sweeney and Charles M. Goetz Jr. Goetz, Tibbs & Zahler, Atlanta, for appellant.
    for defendant: John T. Sparks Austin & Sparks, PC, John G. Malcolm and Robert F. Schroeder Malcolm & Schroeder, LLP, Atlanta, for appellees.
    Case Number: A01A0802

    The trial court erred in granting summary judgment to the plaintiffs after granting them a new trial in their negligence suit against the defendant because material issues of fact rem

  • Cobb County Bd. of Tax Assessors v. Morrison

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Douglas R. Haynie and Harbert S. Gregory Jr., Marietta, for appellant.
    for defendant: Charles A. Evans, Marietta, for appellees.
    Case Number: A01A0403

    The county board of tax assessors had no authority to reassess defendants' property as imp for prior tax years in which they returned the property as unimp

  • Williams v. State

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Harold B. Baker, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, James E. Hardy, Chief Assistant District Attorney, Robert R. Auman and Robert D. Jewell, Assistant District Attorneys, Thomasville, for appellee.
    Case Number: A01A0554

    De counsel was not deficient for pursuing an all-or-nothing de to a child molestation charge, rather than requesting a charge on sexual battery as the lesser included of

  • Hodges v. State

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert W. Chestney The Chestney Hawkins Law Firm, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, Atlanta, for appellee.
    Case Number: A01A0053

    The trial court properly denied defendant's motion to suppress DUI evidence obtained from him at a routine license and insurance check road

  • Mimick Motor Co. v. Moore

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Morton G. Forbes and Johnny A. Foster Forbes & Bowman, Savannah, for appellant.
    for defendant: Murphy A. Cooper, Savannah, for appellee.
    Case Number: A01A0182

    The measure of plaintiff's damages for the allegedly wrongful repossession of his vehicle was the difference between the market value of the vehicle upon its repossession, less the balance due on th