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  • State v. Clark

    Publication Date: 2003-10-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Stephen D. Kelly, District Attorney, and Charles K. Higgins, Assistant District Attorney, Brunswick, for appellant.
    for defendant: Bart G. Altman and Patrick C. Kaufman, Brunswick, for appellee.
    Case Number: A03A1526

    The trial court erred in finding that a densely wooded swamp area outside the curtilage of the defendant's home was not an "open field" for purposes of Fourth Amendment ana

  • Sellers v. State

    Publication Date: 2003-09-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Timothy P. Healy and Nina M. Svoren Healy & Svoren, Toccoa, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Hartwell, and Richard K. Bridgeman, Assistant District Attorney, Carnesville, for appellee.
    Case Number: A03A2103

    The identification of a minor victim by initials in a charging document is insufficient to put the defendant on notice of the particular person against whom the crimes were allegedly comm

  • Marryott v. State

    Publication Date: 2003-09-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Lance T. McCoy, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Martha K. Helppie, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A03A1743

    Only full-time employees of a district attorney's office must be excused if challenged for

  • In the Interest of M. D. F.

    Publication Date: 2003-09-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Paul M. Ledbetter Jr. Ninfo & Ledbetter PC, Covington, for appellant.
    for defendant: Robert F. Mumford Mumford, Myers & Mooney, Conyers, for appellee.
    Case Number: A03A1639

    A parental rights termination order was insufficient on its face where it failed to state that continued deprivation will cause or is likely to cause serious physical, mental, emotional or moral har

  • In the Interest of J. D. T.

    Publication Date: 2003-09-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert E. Perrine Jr., Leesburg, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, and Gregory W. Edwards, Chief Assistant District Attorney, Albany, for appellee.
    Case Number: A03A0894

    There was no fatal variance between an allegation in the juvenile's indictment that he unlawfully took an International semi-tractor and the witness's testimony that the stolen semi-tractor was a

  • The Rental Equip. Group Inc. v. MACI LLC

    Publication Date: 2003-09-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Richard A. Childs, Columbus, for appellant.
    for defendant: . Charles A. Gower, Columbus, and John P. Cannon, Albany, for appellees.
    Case Number: A03A1293

    The jury's award of $3.678 million in damages for promissory estoppel and/or breach of contract was within the range of damages shown by the evidence, including plaintiffs' detrimental reliance on d

  • Red Train Inc. v. Harris

    Publication Date: 2003-09-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: David W. Graybeal Jr., Norcross, for appellant.
    for defendant: . Tracey A. Moran and Teresa A. Mann, East Point for appellee.
    Case Number: A03A1719

    The defendant failed to plead each condition precedent for opening default under O.C.G.A. § 9-11-55 b, because he did not offer to plead inst

  • In the Interest of K. W.

    Publication Date: 2003-08-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Gregory A. Voyles, Valdosta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, Charles R. Reddick, Homerville, and Michael S. Bennett Jr. Bennett Law Firm, Valdosta, for appellee.
    Case Number: A03A1888

    The evidence supported termination of the father's parental rights to his two chi

  • Coker v. State

    Publication Date: 2003-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Reza Sedghi, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, and Elizabeth K. Bobbitt, Assistant District Attorney, Macon, for appellee.
    Case Number: A03A1498

    The record supported the trial court's conclusion that the defendant entered her guilty plea to voluntary manslaughter knowingly and volunt

  • State v. Tate

    Publication Date: 2003-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Kenneth W. Mauldin, District Attorney, Phillip C. Griffeth and Edward H. Brumby Jr., Assistant District Attorney, Athens, for the state. M. Eric Eberhardt Eberhardt & Hale LLP, Athens, for Tate.
    for defendant:
    Case Number: A03A1164; A03A1165

    An indictment charging the defendant with the aggravated a of his wife by using his hands to choke her did not require either a charge that his hands were deadly weapons or a charge on simple