Eubanks v. Gerwen

Howard Eubanks, Sr. (“Eubanks”) timely appeals after his complaint for malicious prosecution against appellees was dismissed based on the doctrines of res judicata and/or collateral estoppel. He primarily argues that the trial judge should have disqualified herself from presiding over this case before trial. We agree and reverse.

Ten years before the order dismissing this action was entered, Eubanks was arrested, tried, and acquitted of possession of cocaine. Facts at his first trial revealed that police, after obtaining a search warrant of his business, knew that cocaine discovered in…