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  • Douglas Kohoutek Ltd. v. Hartley, Rowe & Fowler PC

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert H. Benefield Jr., Atlanta, for appellant.
    for defendant: Michael J. Gorby, Christine A. Carson, Karen E. Cooper Gorby, Reeves, Peters & Burns and Daniel E. Turner, Atlanta, for appellees.
    Case Number: A00A2064

    There was no evidence that defendants attempted to conceal their alleged delay in filing a UCC financing stat

  • Snow v. State

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Christopher A. Townley, Rossville, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, for appellee.
    Case Number: A00A2422

    Defendant failed to show that his counsel was deficient for advising him not to take the stand in his own de

  • Bodiford v. State

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Ernie M. Sheffield, Colquitt, for appellant.
    for defendant: J. Brown Moseley, District Attorney, Bainbridge, for appellee.
    Case Number: A00A2213

    Although defendant claimed that others had access to his car, there was no evidence that any other person had equal access to the floorboard between defendant's feet where the crack cocaine was

  • Caldwell v. State

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Angela B. Clarke, Public Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Jr., District Attorney, and Elizabeth A. Baker, Atlanta, for appellee.
    Case Number: A00A1025

    The trial court did not express an opinion on the evidence when it gave a curative instruction reminding the jury that it was bound by the evidence at trial as opposed to any factually baseless ques

  • McNeely v. Wal-Mart Stores Inc.

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Kevin D. Gonzalez and Morris H. Wiltshire Jr., Athens, for appellant.
    for defendant: Howard M. Lessinger and Albert J. Decusati McLain & Merritt PC, Atlanta, for appellee.
    Case Number: A00A1524

    The trial court usurped the jury's function in determining witness credibility in granting summary judgment to defendant based on the testimony of a witness who was impeached with a prior felony con

  • Law Journal Press | Digital Book

    New Jersey Code of Criminal Justice 2024: A Practical Guide

    Authors: KENNETH DEL VECCHIO

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  • Rogers v. State

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Brian Steel and L. Allyn Stockton The Steel Law Firm PC, Atlanta, for Rogers. Kenneth D. Kondritzer, Clarkesville, for Montalvo. Douglas L. Henry, Clarkesville, for Bettencourt. Michael H. Crawford, District Attorney, Clarkesville, Robert D. Cullifer, Assistant District Attorney, Clayton, for the state.
    for defendant:
    Case Number: A00A2230, A00A2231, A00A2232

    There was no evidence that one defendant was guilty of simple robbery because all three defendants took turns holding the gun during the c

  • Williams v. Metropolitan Atlanta Rapid Transit Auth.

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Daniel MacDougald III, Larry K. Butler Butler & MacDougald PC, David A. Webster, Atlanta, and Richard M. Goodman, Detroit, Mich., for appellant.
    for defendant: Walter B. McClelland Chambers, Mabry, McClelland & Brooks, Robert J. Routman MARTA Law Dep't, Atlanta, C. Wade McGuffey Jr. and Jennie R. Halenza Goodman McGuffey Austin & Lindsey LLP, Atlanta, for appellee. Other party representation: W. Seaborn Jones and Roger K. Whitesides Gleaton Scofield Egan & Jones, Atlanta.
    Case Number: A00A2044

    The Georgia Employer's Liability Act does not apply to the Metropolitan Atlanta Rapid Transit Authority, even though MARTA is a common ca

  • Jackson v. State

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Benjamin Gratz Jr., Tifton, for appellant.
    for defendant: Clifford P. Bowden, District Attorney, and Kevin E. Hutto, Assistant District Attorney, Tifton, for appellee.
    Case Number: A00A2469

    The trial court's misstatement in charging the jury on mere presence did not warrant reversal because the jury had a correct written copy of the trial court's entire c

  • In the Interest of N.Y.

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Jerry W. Moncus, Dalton, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson and Laura W. Hyman, Assistant Attorneys General, Atlanta, for appellee. Other party representation: Richard K. Murray, Dalton.
    Case Number: A00A2303

    Evidence that the father physically abused the younger child and was present in the house when the older child was sodomized by her boyfriend supported the order extending DFACS' temporary custody o

  • Kwickie/Flash Foods Inc. v. Lakeside Petroleum Inc.

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Douglas L. Gibson Gibson & Spivey, Waycross, for appellant.
    for defendant: Robert D. Schoen, Atlanta, for appellee.
    Case Number: A00A2451

    The plaintiff could not recover in quantum meruit for the defendant's breach of the parties' con