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  • Drake v. State

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert Greenwald, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, for appellee.
    Case Number: A04A0815

    The defendant and his co-defendants went to the victim's house to seek revenge for an earlier fight and to ro

  • Collins v. State

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Rex B. Abernathy Cook & Connelly, Summerville, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, Lafayette, and Michael J. Moeller, Assistant District Attorney, Summerville, for appellee.
    Case Number: A04A0362

    Defendant's conviction for the lesser offense of attempted aggravated child molest in his first trial did not bar his retrial for aggravated child molest

  • Kyles v. Eastern Car Liners Inc.

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert S. Kraeuter and Jonah A. Flynn, Savannah, for appellant.
    for defendant: Robert S. Glenn Jr. Hunter, MacLean, Exley & Dunn, Savannah, for appellees.
    Case Number: A04A0765

    The trial court erred in finding that the ship owner and vessel charterer, had no duty to an inexperienced employee of a stevedoring company under Scindia Steam Navigation Company, Ltd. v. De Los Sa

  • Headspeth v. State

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Virginia W. Tinkler, Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, James E. Barker, Assistant District Attorney, and Paul J. Miovas Jr. Douglas County District Attorney's Office, Douglasville, for appellee.
    Case Number: A04A0865

    The defendant's prior first offender sentence could not be used to support the imposition of a recidivist sentence because it was not a felony "conviction" after being automatically discharged upon

  • State v. Gooch

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Daniel J. Porter, District Attorney, and Stephen A. Fern, Assistant District Attorney, Lawrenceville, for appellant.
    for defendant: R. C. Cougill, Demorest, for appellee.
    Case Number: A04A0792

    The trial court erred in finding that an officer had no authority to ask a passenger in a legitimately stopped car for consent to search his p

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Crowe v. State

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: John L. Strauss, Covington, for appellant.
    for defendant: Richard R. Reed, District Attorney, and Roberta A. Earnhardt, Assistant District Attorney, Conyers, for appellee.
    Case Number: A03A0463

    The Court of Appeals adopted the Supreme Court's ruling that the trial court abused its discretion in excluding relevant evidence that the other driver's urine tested positive for marijuana metabo

  • Cochran v. State

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Mark A. Hinds, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Charles P. Boring, Assistant District Attorney, Newnan, for appellee.
    Case Number: A04A0667

    The victims' in-court identifications of defendant as one of the perpetrators corroborated his 17-year-old accomplice's test

  • Dudley v. State

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Thomas J. Gustinella, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Michael K. Dennard, Assistant District Attorney, Savannah, for appellee.
    Case Number: A04A0752

    Contrary to the defendant's contention, the record clearly showed that he knew his plea was non-negotiated and open-

  • Harris v. State

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Alice C. Stewart, Atlanta, for appellant.
    for defendant: Richard A. Mallard, District Attorney, and Michael T. Muldrew, Assistant District Attorney, Statesboro, for appellee.
    Case Number: A03A2475

    The defendant failed to identify any improper factor in the stop of his vehicle pursuant to a BOLO issued immediately after a bank ro

  • State v. Byrd

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Marc A. Mallon, Senior Assistant District Attorney, and Maura F. Krause, Atlanta, for appellant.
    for defendant: Susan B. Wardell, Atlanta, for appellee.
    Case Number: A04A0430

    The court abused its discretion in dismissing defendant's indictment where there was no evidence that the state violated her constitutional right to a speedy