green
Positive treatment
8.6 score
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980
2003
2026
Top citers, strongest first. 12 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Hood v. Perdue
In Constantino v. State, 243 Ga. 595, 598 , 255 S.E.2d 710, 713 (1979), the defendant challenged his conviction under a predecessor statute, arguing that “what is or is not harassing, annoying, or bothersome is merely a question of one's own interpretation.” In rejecting this argument, the court stated, "The fallacy in this theory is that the victim’s subjective ideas on what is or is not harassing are not at in issue.
discussed
Cited as authority (rule)
Patterson v. State
Ruffin and Bernes, JJ., concur. 1 OCGA§ 16-11-37 (b). 2 OCGA§ 40-6-397 (a). 3 OCGA§ 16-7-21 (a). 4 Jackson v. State, 252 Ga. App. 268, 272 (4) ( 555 SE2d 908 ) (2001). 5 Brown v. State, 266 Ga. 723, 725 (3) ( 470 SE2d 652 ) (1996). 6 Smith v. State, 275 Ga. 326, 327 (2) ( 565 SE2d 453 ) (2002). 7 Brown v. State, 278 Ga. 369, 371 (2) ( 602 SE2d 834 ) (2004). 8 Constantino v. State, 243 Ga. 595, 599 (3) ( 255 SE2d 710 ) (1979). 9 Price v. State, 208 Ga. 695 (1) ( 69 SE2d 253 ) (1952). 10 Tidwell Co. v. Robley Hats, Inc., 125 Ga. App. 102, 107 (5) ( 186 SE2d 489 ) (1971). 11 Cannady v. Lamb, 1…
discussed
Cited as authority (rule)
Brown v. State
(2×)
also: Cited "see"
In addition, “proof of telephone conversations may be admissible in evidence when the identity of the person against whom the conversation is sought to be admitted is established by circumstantial as well as direct evidence.” Constantino v. State, 243 Ga. 595, 599 (3) ( 255 SE2d 710 ) (1979). “ ‘[T]he probative value to be accorded such evidence is a matter for the jury’s determination.’ ” Shepherd, supra at 501 .
discussed
Cited as authority (rule)
Brown v. State
The case was docketed in this Court on December 5,1995 and orally argued on February 12, 1996. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Brown v. State, 266 Ga. 633 ( 469 SE2d 186 ) (1996). 4 Compare Barksdale v. State, 265 Ga. 9,11 ( 453 SE2d 2 ) (1995) (where witness refuses to answer any questions, there is no testimony with which prior statement could be judged inconsistent). 5 United States v. Owens, 484 U. S. 554, 559 (108 SC 838, 98 LE2d 951) (1988). 6 Constantino v. State, 243 Ga. 595, 599 ( 255 SE2d 710 ), cert. denied, 444 U. S. 940 (100 SC 293, 62 LE2d…
discussed
Cited as authority (rule)
Johnson v. State
As in Constantino v. State, 243 Ga. 595, 598 (1) ( 255 SE2d 710 ) (1979), the statutes at issue here prohibit the defendant from contacting another person “intending to harass [and intimidate] and the defendant certainly knows if he is doing that.” (Emphasis in original.) See also Monroe v. State, 250 Ga. 30, 34 (1) (b) ( 295 SE2d 512 ) (1982).
discussed
Cited as authority (rule)
McKillop v. State
As the court noted in Constantino v. State, 243 Ga. 595 , 255 S.E.2d 710, 713 (1979), cert. denied, 444 U.S. 940 , 100 S.Ct. 293 , 62 L.Ed.2d 306 , [T]he victim’s subjective ideas on what is or is not harassing are not in issue.
discussed
Cited as authority (rule)
Clifton v. State
Price v. State, 208 Ga. 695 ( 69 SE2d 253 ) (1952).’ (Emphasis supplied.) Constantino v. State, 243 Ga. 595, 599 (3) ( 255 SE2d 710 ) (1979).” Hester v. State, 187 Ga. App. 873, 874 (2) ( 371 SE2d 684 ).
cited
Cited as authority (rule)
Hester v. State
Price v. State, 208 Ga. 695 ( 69 SE2d 253 ) (1952).” (Emphasis supplied.) Constantino v. State, 243 Ga. 595, 599 (3) ( 255 SE2d 710 ) (1979).
examined
Cited "see"
State v. Vines
(4×)
See Constantino v. State, 243 Ga. 595, 598 (1) ( 255 SE2d 710 ) (1979); Blanton v. State, 191 Ga. App. 454 (1) ( 382 SE2d 133 ) (1989).
cited
Cited "see"
Harris v. State
See Constantino v. State, 243 Ga. *806 595, 598 (1), 600 (4) ( 255 SE2d 710 ) (1979).
discussed
Cited "see, e.g."
Corsini v. State
(2×)
Compare Constantino v. State, 243 Ga. 595, 599 (3) ( 255 SE2d 710 ) (1979) (identification not sufficient if identity is established only by what is said in the conversation itself). 2.
discussed
Cited "see, e.g."
People v. Shack
This specific intent element also removes the possibility that criminal liability would be imposed based on the unascertainable sensitivities of the victim (compare, Coates v City of Cincinnati, 402 US 611, 613-614 ; see, e.g., Constantino v State, 243 Ga 595, 598, 255 SE2d 710, 713 ).
Retrieving the full opinion text from the archive…
Tenant
v.
the State
v.
the State
34688.
Supreme Court of Georgia.
May 2, 1979.
Richard L. Powell, for appellant., Richard E. Allen, District Attorney, Arthur K. Bolton, Attorney General, William B. Hill, Jr., Staff Assistant Attorney General, for appellee.
Per Curiam.
Cited by 1 opinion | Published
Per curiam.
The only basis asserted for jurisdiction in this court is a constitutional attack upon Code Ann. § 38-202.1 that first was raised not during the trial of the case but in the motion for new trial. The constitutional issue is not presented for our decision and, accordingly, the case is transferred to the Court of Appeals. Thrall v. State, 226 Ga. 308 (174 SE2d 925) (1970).
Transferred to the Court of Appeals.
All the Justices concur.