Sims v. State (1984)
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· 122 citation events
across 4 courts.
Showing the 37 strongest citers on record
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Treatment trajectory · 1984 → 2026 · click a year to view the case as of then
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Cooksey v. Landry (2014)
Moreover, and of primary importance in this case, is the fact that unlike other recognized privileges, the psychiatrist-patient privilege survives the death of the patient.6 See Sims v. State, 251 Ga. 877, 881 ( 311 SE2d 161 ) (1984); 5 Applying these rules, our courts have determined that the privilege is not waived when a party claiming the privilege puts at issue in a civil proceeding the nature and extent of his or her emotional or mental injuries, see Mincey v. Georgia …
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Cooksey v. Landry (2014)
Moreover, and of primary importance in this case, is the fact that unlike other recognized privileges, the psychiatrist-patient privilege survives the death of the patient.6 See Sims v. State, 251 Ga. 877, 881 ( 311 SE2d 161 ) (1984); 5 Applying these rules, our courts have determined that the privilege is not waived when a party claiming the privilege puts at issue in a civil proceeding the nature and extent of his or her emotional or mental injuries, see Mincey v. Georgia …
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Dority v. the State (2015)
Cf. Sims v. State, 251 Ga. 877, 880 (4) (c) ( 311 SE2d 161 ) (1984) (“It is not enough to assert that expert analysis might produce evidence helpful to the defense, i.e., to embark on a ‘fishing expedition.’ ”) (punctuation omitted).
“It is not enough to assert that expert analysis might produce evidence helpful to the defense, i.e., to embark on a ‘fishing expedition.’ ”
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Demarkius Dority v. State (2015)
Cf. Sims v. State, 251 Ga. 877, 880 (4) (c) ( 311 SE2d 161 ) (1984) (“It is not enough to assert that expert analysis might produce evidence helpful to the defense, i.e., to embark on a “fishing expedition.”).
“It is not enough to assert that expert analysis might produce evidence helpful to the defense, i.e., to embark on a “fishing expedition.”
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Harvey v. State (2015)
See Sims v. State, 251 Ga. 877, 879 ( 311 SE2d 161 ) (1984) (“[T]he trial court has a sound discretion to control the content of the opening statement 18 of either party, particularly with regard to matters of questionable admissibility.”).
“[T]he trial court has a sound discretion to control the content of the opening statement 18 of either party, particularly with regard to matters of questionable admissibility.”
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Harvey v. State (2015)
See Sims v. State, 251 Ga. 877, 879 ( 311 SE2d 161 ) (1984) (“[T]he trial court has a sound discretion to control the content of the opening statement of either party, particularly with regard to matters of questionable admissibility.”).
“[T]he trial court has a sound discretion to control the content of the opening statement of either party, particularly with regard to matters of questionable admissibility.”
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Smith v. State (1998)
We conclude from our examination of the record that the trial court did not abuse its "sound discretion to control the content of the opening statement." Sims v. State, 251 Ga. 877, 879 (3), 311 S.E.2d 161 (1984). 9.
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Bright v. State (1995)
Id.; Sims v. State, 251 Ga. 877, 879-880 ( 311 SE2d 161 ) (1984).
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Jones v. Abel (1993)
The Sims v. State, [, 251 Ga. 877, 880 (5) ( 311 SE2d 161 ) (1984)] case . . . states basically that the psychiatrist-patient privilege cannot be waived, absent some express intentional act to do so.
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STATE OF MISSOURI v. JERRY STUDDARD (2024)
The Supreme Court of Georgia holds that public policy supports maintaining the privilege between psychiatrist and patient “where a third party is present as a necessary or customary participant in the consultation and treatment.” Sims v. State, 311 S.E.2d 161, 165 (Ga. 1984).
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BROWN Et Al. v. HOWARD Et Al. (2015)
And “[t]he psychiatrist-patient privilege is not diminished by the fact that the patient sought or contemplated treatment jointly with other persons, or primarily for the benefit of another person who is in treatment by the same psychiatrist.” Mrozinski v. Pogue, 205 Ga. App. 731, 733 (1) (423 SE2d405) (1992) (addressing family therapy); Sims v. State, 251 Ga. 877, 880 (5) ( 311 SE2d 161 ) (1984) (statements made by husband during joint psychiatric counseling with wife were …
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Scott v. State (2010)
Blair was released from custody after paying a fine. 9 Sims v. State, 251 Ga. 877, 879 (3) ( 311 SE2d 161 ) (1984). 10 Kell v. State, 280 Ga. 669, 671 (2) (a) ( 631 SE2d 679 ) (2006). 11 Johnson v. State, 255 Ga. App. 721, 722 (2) ( 566 SE2d 440 ) (2002). 12 Fields v. State, 260 Ga. 331, 333 (4) ( 393 SE2d 252 ) (1990). 13 Evans v. State, 288 Ga. App. 103, 107 (2) ( 653 SE2d 520 ) (2007). 14 Smith v. State, 302 Ga. App. 128, 132 (1) (b) ( 690 SE2d 449 ) (2010). 15 Gibbs v. S…
The Court noted that the parents were not “necessarfy] [and] cus-tomar[y] [participants]” in the treatment and cited to Sims v. State, 251 Ga. 877, 881 (5) ( 311 SE2d 161 ) (1984).
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Watkins v. State (2008)
Keye v. State, 136 Ga. App. 707, 708 (1) ( 222 SE2d 172 ) (1975). 9 Vol. II, § 3.50.10 (4th ed. 2007). 10 Yeager v. State, 281 Ga. 1, 3 (2) ( 635 SE2d 704 ) (2006). 11 See id.; Sims v. State, 251 Ga. 877, 878 (2) ( 311 SE2d 161 ) (1984). 12 See Yeager, supra; Sims, supra. 13 See Yeager, supra; Henderson v. State, 252 Ga. App. 295, 300 (2) (c) ( 556 SE2d 204 ) (2001). 14 See Henderson, supra.
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Yeager v. State (2006)
A similar complaint was considered and rejected in Sims v. State, 251 Ga. 877, 878 (2) ( 311 SE2d 161 ) (1984), where the Court held: Decided September 18, 2006.
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Johnson v. State (2004)
Additionally, as the Supreme Court in Sims v. State, 251 Ga. 877, 879 (3) ( 311 SE2d 161 ) (1984) stated, “the trial court has a sound discretion to control the content of the opening statement of either party, particularly with regard to matters of questionable admissibility.” Given this discretion, the trial court did not act improperly in allowing the prosecutor to inform the jury that *428 evidence of field sobriety tests would not be heard.
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Trammel v. Bradberry (2002)
Wiles v. Wiles, supra at 596 (1); Sims v. State, 251 Ga. 877, 881-882 ( 311 SE2d 161 ) (1984); Griggs v. State, 241 Ga. 317, 318-319 (3) ( 245 SE2d 269 ) (1978); Fields v. State, 221 Ga. 307, 308-309 (2) ( 144 SE2d 339 ) (1965); accord Kennestone Hosp. v. Hopson, supra at 148.
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Frederick v. State (1997)
Further, one of the touchstones of Fourth Amendment analysis is whether a person has “a possessory interest in the items seized; and whether he took normal precautions to maintain the privacy and security of the items seized.” Sims v. State, 251 Ga. 877, 882 (6) ( 311 SE2d 161 ) (1984).
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Robinson v. State (1997)
Sims v. State, 251 Ga. 877, 882 (6) ( 311 SE2d 161 ) (1984) (citing Rawlings v. Kentucky, supra).
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Wynn v. State (1997)
Wynn also claims the court erred by prohibiting his counsel from mentioning in his opening statement prior difficulties between the defendant and victim. “[T]he trial court has a sound discretion to control the content of the opening statement of either party, particularly with regard to matters of questionable admissibility.” Sims v. State, 251 Ga. 877, 879 (3) ( 311 SE2d 161 ) (1984).
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Byers v. State (1992)
Sims v. State, 251 Ga. 877, 882 ( 311 SE2d 161 ) (1984); Boatright v. State, 192 Ga. App. 112, 114 ( 385 SE2d 298 ) (1989); Rich v. State, 188 Ga. App. 287, 288-289 ( 372 SE2d 670 ) (1988); State v. Scott, 176 Ga. App. 887, 888-889 ( 339 SE2d 276 ) (1985).
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Deal v. State (1991)
If we view appellant’s blanket request to produce liberally as an OCGA § 24-10-26 notice to produce, such a request “ ‘cannot be used to enable defense counsel to examine, in advance of trial or evidentiary hearing, the contents of the district attorney’s file.’ [Cit.] In a criminal case a notice to produce pursuant to OCGA § 24-10-26 . . . may compel the production of books, documents or tangible things in the State’s possession ‘where such books, etc., would be admissible …
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Yarborough v. State (1987)
The prosecutor objected on the ground that the evidence was not yet admitted and might be objectionable. “[T]he trial court has a sound discretion to control the content of the opening statement of either party, particularly with regard to matters of questionable admissibility. [Cits.]” Sims v. State, 251 Ga. 877, 879 (3) ( 311 SE2d 161 ) (1984).
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Albert v. State (1986)
It is not enough to assert that expert analysis might produce evidence helpful to the defense, i.e., to embark on a ‘fishing expedition.’ ” Sims v. State, 251 Ga. 877, 880 (4) (c) ( 311 SE2d 161 ) (1984).
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Gilstrap v. State (1986)
In Sims v. State, 251 Ga. 877, 879-880 (4) ( 311 SE2d 161 ) (1984), we held that “[w]hile the notice to produce provisions of OCGA § 24-10-26 (Code Ann. § 38-801) are applicable to criminal cases, Brown v. State, 238 Ga. 98, 101 ( 231 SE2d 65 ) (1976), a ‘notice to produce cannot be used to enable defense counsel to examine, in advance of trial or evidentiary hearing, the contents of the district attorney’s file.’ Wilson v. State, 246 Ga. 62, 64-5 ( 268 SE2d 895 ) (1980).
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State v. Scott (1985)
See, e.g., Graham v. State, 171 Ga. App. 242, 246 ( 319 SE2d 484 ) (1984); Smallwood v. State, 171 Ga. App. 784, 785 ( 321 SE2d 118 ) (1984); Sims v. State, 251 Ga. 877, 882 ( 311 SE2d 161 ) (1984).
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Swofford v. Cooper (1987)
See generally Sims v. State, 251 Ga. 877, 881 ( 311 SE2d 161 ).
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Advantage Behavioral Health Systems v. Eric Cleveland, as Administrator of the Estate of Nicholas Cleveland (2019)
See OCGA § 50-21-25. 6 There is no contention that Cleveland waived the privilege. 7 Prior to Cooksey , in Sims v. State , 251 Ga. 877 , 880 (5), 311 S.E.2d 161 (1984), the defendant in a murder case sought to have a psychiatrist testify to statements made by the victim during joint counseling sessions with the defendant and the victim.
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O'KELLEY v. State (2008)
See also Sims v. State, 251 Ga. 877, 879 (3) ( 311 SE2d 161 ) (1984) (stating that “the opening statement is of no small significance in that it outlines for the jury what a party intends to show at trial”). [T]he real importance of the opening statement is to provide notice to the jury: to apprise the jurors of a factual context in which to assimilate and integrate the evidence as it unfolds during the trial and to enable them to perform better their sworn role as deciders …
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Dade v. State (2008)
See Sims v. State, 251 Ga. 877 ( 311 SE2d 161 ) (1984) (noting in dicta that there would be no *904 expectation of privacy in diary that was casually placed on the floor of a storage area to which others had access); United States v. Tobin, 890 F2d 319 (11th Cir. 1989), vacated on other grounds, 902 F2d 821 (11th Cir. 1990) (en banc) (granting rehearing) (“[n]othing in the record persuades us that [he] had any reasonable expectation of privacy in the whole garage rather than…
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Kennestone Hospital, Inc. v. Hopson (2000)
All the Justices concur. 1 Hopson v. Kennestone Hospital, 241 Ga. App. 829 ( 526 SE2d 622 ) (1999). 2 OCGA § 9-11-26 (b) (1). 3 See Ale-8-One of America v. Graphicolor Services, 166 Ga. App. 506, 507 ( 305 SE2d 14 ) (1983); Drew v. Hagy, 134 Ga. App. 852 ( 216 SE2d 676 ) (1975). 4 See OCGA §§ 37-3-166; 37-4-125; and 37-7-166. 5 OCGA § 9-11-34 (c) (2). 6 See 1966 Ga. Laws 609 , 647; 1972 Ga. Laws 510 , 527. 7 See 1986 Ga. Laws 1277 preamble (an act “to revise the scope of cer…
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Cherry v. State (1998)
See also Sims v. State, 251 Ga. 877, 882-883 ( 311 SE2d 161 ) (1984) (no expectation of privacy in open box on floor of storage area in spouse’s business “to which an undetermined number of persons have access”); Todd v. State, 184 Ga. App. 750, 751-752 (2) ( 362 SE2d 400 ) (1987) (no standing to object to search of mother’s farm property). 3.
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Houston v. State (1995)
See generally Sims v. State, 251 Ga. 877, 879 (3) ( 311 SE2d 161 ) (1984); Houck v. State, 173 Ga. App. 388 (2) ( 326 SE2d 567 ) (1985).
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Reinhardt v. State (1990)
See Sims v. State, 251 Ga. 877 (4c) ( 311 SE2d 161 ) (1984). 2.
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Wilson v. State (1985)
See Sims v. State, 251 Ga. 877 (6) ( 311 SE2d 161 ) (1984); Nealey v. State, 233 Ga. 326, 327 ( 211 SE2d 286 ) (1974); Rakas v. Illinois, 439 U. S. 128, 138-139 (99 SC 421, 58 LE2d 387) (1978); United States v. Haydel, 649 F2d 1152, 1154-1155 (5th Cir. 1981), modified 664 F2d 84, cert. denied, 455 U. S. 1022 (102 SC 1721, 72 LE2d 140) (1982).
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Green v. State (1985)
See also Sims v. State, 251 Ga. 877 (3) ( 311 SE2d 161 ) (1984).
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Simmons v. State (1985)
See Sims v. State, 251 Ga. 877 (4) ( 311 SE2d 161 ) (1984).