40 Georgia opinions name it 2 courts 1923–2021 1 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Whidby v. Feaginsgreen2 sentences1994Boatright v. State, 91 Ga. 13 ( 16 SE 101 ); McKoy v. Hardy, 92 Ga. App. 525 ( 88 SE2d 708 ); Digsby v. Johnson, 82 Ga. App. 611 ( 61 SE2d 792 ).’ Whidby v. Feagins, 103 Ga. App. 797, 799 ( 120 SE2d 661 ).” Graham v. State, 107 Ga. App. 332, 333 (1) ( 130 SE2d 166 ). 1994Boatright v. State, 91 Ga. 13 ( 16 SE 101 ); McKoy v. Hardy, 92 Ga. App. 525 ( 88 SE2d 708 ); Digsby v. Johnson, 82 Ga. App. 611 ( 61 SE2d 792 ).’ Whidby v. Feagins, 103 Ga. App. 797, 799 ( 120 SE2d 661 ).” Graham v. State, 107 Ga. App. 332, 333 (1) ( 130 SE2d 166 ). | 3 | 3 |
Bonner v. Smithgreen2 sentences2019Bonner , 226 Ga. App. at 5 (4), 485 S.E.2d 214 . 2019Bonner, 226 Ga. App. at 5 (4). | 2 | 2 |
In re N. S. M.green2 sentences2012See In re N. S. M., 183 Ga. App. 398, 399 (2) ( 359 SE2d 185 ) (1987) (no error in excluding cumulative evidence). 2012See In re N. S. M., 183 Ga. App. 398, 399 (2) ( 359 SE2d 185 ) (1987) (no error in excluding cumulative evidence). | 2 | 2 |
Affatato v. Considinegreen2 sentences2019"As we have long held, a party will not be heard to complain of error induced by his own conduct, nor to complain of errors expressly invited *530 by him." (Citation and punctuation omitted.) Affatato v. Considine , 305 Ga. App. 755 , 758 (1), 700 S.E.2d 717 (2010). 2019"As we have long held, a party will not be heard to complain of error induced by his own conduct, nor to complain of errors expressly invited *530 by him." (Citation and punctuation omitted.) Affatato v. Considine , 305 Ga. App. 755 , 758 (1), 700 S.E.2d 717 (2010). | 1 | 2 |
State v. Hendersongreen2 sentences2014Under OCGA § 16-13-49 (o) (5), “[i]f an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause. . . .” “[I]t is the duty of the state to obtain a continuance if it does not invoke a hearing within the 60-day period.” State v. Henderson, 263 Ga. 508, 511, n. 7 ( 436 SE2d 209 ) (1993). “[A] respondent may seek a continuance of a hearing... [and] [o]f course, the trial court may continue the hearing on its own, for good cause, without a motion by either party.” Id. 2014Under OCGA § 16-13-49 (o) (5), “[i]f an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause. . . .” “[I]t is the duty of the state to obtain a continuance if it does not invoke a hearing within the 60-day period.” State v. Henderson, 263 Ga. 508, 511, n. 7 ( 436 SE2d 209 ) (1993). “[A] respondent may seek a continuance of a hearing... [and] [o]f course, the trial court may continue the hearing on its own, for good cause, without a motion by either party.” Id. | 1 | 2 |
Chupp v. DeKalb Countygreen2 sentences1994Boatright v. State, 91 Ga. 13 ( 16 SE 101 ); McKoy v. Hardy, 92 Ga. App. 525 ( 88 SE2d 708 ); Digsby v. Johnson, 82 Ga. App. 611 ( 61 SE2d 792 ).’ Whidby v. Feagins, 103 Ga. App. 797, 799 ( 120 SE2d 661 ).” Graham v. State, 107 Ga. App. 332, 333 (1) ( 130 SE2d 166 ). 1974Boatwright v. State, 91 Ga. 13 ( 16 SE 101 ); Ward v. Ward, 134 Ga. 714 ( 68 SE 478 ); Graham v. State, 107 Ga. App. 332 (1) ( 130 SE2d 166 ). | 1 | 2 |
Hughes v. Stategreen2 sentences2021Douglas claims that the trial court erred by not granting him a continuance at the hearing for his motion for new trial. “[T]his [C]ourt will not reverse a trial court’s decision on a motion for continuance except upon a clear abuse of the trial court’s discretion.” Hughes v. State, 323 Ga. App. 4, 9 (3) ( 746 SE2d 648 ) (2013) (citation and punctuation omitted). 2021Douglas claims that the trial court erred by not granting him a continuance at the hearing for his motion for new trial. “[T]his [C]ourt will not reverse a trial court’s decision on a motion for continuance except upon a clear abuse of the trial court’s discretion.” Hughes v. State, 323 Ga. App. 4, 9 (3) ( 746 SE2d 648 ) (2013) (citation and punctuation omitted). | 1 | 1 |
In the Interest of E. S.green2 sentences2010"Therefore, the hearing was set and held within ten days of the filing of the petition although it was then continued, an action that was within the trial court's discretion." (Citation omitted.) In the Interest of C.R., supra, 292 Ga.App. at 354 (6), 665 S.E.2d 39 ; see In the Interest of E.S., 262 Ga.App. 768, 769 (1)(a), 586 S.E.2d 691 (2003) (although adjudicatory hearing must be set within ten days, there is no requirement that hearing actually be held on that date). 2010"Therefore, the hearing was set and held within ten days of the filing of the petition although it was then continued, an action that was within the trial court's discretion." (Citation omitted.) In the Interest of C.R., supra, 292 Ga.App. at 354 (6), 665 S.E.2d 39 ; see In the Interest of E.S., 262 Ga.App. 768, 769 (1)(a), 586 S.E.2d 691 (2003) (although adjudicatory hearing must be set within ten days, there is no requirement that hearing actually be held on that date). | 1 | 1 |
In the Interest of C. R.green1 sentence2010"Therefore, the hearing was set and held within ten days of the filing of the petition although it was then continued, an action that was within the trial court's discretion." (Citation omitted.) In the Interest of C.R., supra, 292 Ga.App. at 354 (6), 665 S.E.2d 39 ; see In the Interest of E.S., 262 Ga.App. 768, 769 (1)(a), 586 S.E.2d 691 (2003) (although adjudicatory hearing must be set within ten days, there is no requirement that hearing actually be held on that date). | 1 | 1 |
Gray v. Stategreen1 sentence2010See id. (trial counsel’s decision to wait and respond to a witness’s testimony during closing argument, rather than object at the time of the testimony, fell within the range of reasonable trial strategy). (b) Boggs next argues that his trial counsel performed ineffectively by failing to request a continuance or challenge the admission of his videotaped police interview, when the prosecutor did not produce the videotape to the defense until the day of trial. | 1 | 1 |
Blanks v. Stategreen2 sentences2009See also Blanks v. State of Ga., 240 Ga. App. 175, 176 (1) ( 522 SE2d 770 ) (1999) (“Pursuant to OCGA § 16-13-49 (o) (5), a hearing is mandatory within the 60-day period after service of the complaint, unless ‘continued for good cause.’ ”) (citation and punctuation omitted), Our Supreme Court also noted in Henderson: Although a respondent [in a forfeiture proceeding] may seek a continuance of a hearing, it is the duty of the state to obtain a continuance if it does not invoke a hearing within *740 the 60-day period or otherwise avoid the necessity of the hearing, e.g., by obtaining a dismissal 2009See also Blanks v. State of Ga., 240 Ga. App. 175, 176 (1) ( 522 SE2d 770 ) (1999) (“Pursuant to OCGA § 16-13-49 (o) (5), a hearing is mandatory within the 60-day period after service of the complaint, unless ‘continued for good cause.’ ”) (citation and punctuation omitted), Our Supreme Court also noted in Henderson: Although a respondent [in a forfeiture proceeding] may seek a continuance of a hearing, it is the duty of the state to obtain a continuance if it does not invoke a hearing within *740 the 60-day period or otherwise avoid the necessity of the hearing, e.g., by obtaining a dismissal | 1 | 1 |
Shouse v. Stategreen2 sentences2008Ultimately, “[a] motion for a continuance of the hearing on motion for new trial is addressed to the sound discretion of the trial judge, and in the absence of a clear showing to the contrary, it will be presumed that such discretion was not abused.” (Citations omitted.) Shouse v. State, 231 Ga. 716, 721 (16) ( 203 SE2d 537 ) (1974). 2008Ultimately, “[a] motion for a continuance of the hearing on motion for new trial is addressed to the sound discretion of the trial judge, and in the absence of a clear showing to the contrary, it will be presumed that such discretion was not abused.” (Citations omitted.) Shouse v. State, 231 Ga. 716, 721 (16) ( 203 SE2d 537 ) (1974). | 1 | 1 |
State v. Gonzalesgreen2 sentences2005“A motion for a continuance of the hearing is addressed to the sound discretion of the trial judge, and in the absence of a clear showing to the contrary, it will be presumed that such discretion was not abused.” (Citations and punctuation omitted.) State of Ga. v. Gonzales, 213 Ga. App. 661, 662 ( 445 SE2d 808 ) (1994). 2005“A motion for a continuance of the hearing is addressed to the sound discretion of the trial judge, and in the absence of a clear showing to the contrary, it will be presumed that such discretion was not abused.” (Citations and punctuation omitted.) State of Ga. v. Gonzales, 213 Ga. App. 661, 662 ( 445 SE2d 808 ) (1994). | 1 | 1 |
Clifton v. Gillisgreen2 sentences1993Clifton v. Gillis, 195 Ga. App. 712, 713 (1) ( 394 SE2d 582 ) (1990). 2. 1993Clifton v. Gillis, 195 Ga. App. 712, 713 (1) ( 394 SE2d 582 ) (1990). 2. | 1 | 1 |
Byrd v. Rickettsgreen2 sentences1990“Confrontation rights are personal to the accused and are waived when the accused is free on bail and voluntarily absents himself from the trial.” Byrd v. Ricketts, 233 Ga. 779, 780 ( 213 SE2d 610 ) (1975). 1990“Confrontation rights are personal to the accused and are waived when the accused is free on bail and voluntarily absents himself from the trial.” Byrd v. Ricketts, 233 Ga. 779, 780 ( 213 SE2d 610 ) (1975). | 1 | 1 |
Barrentine v. Stategreen2 sentences1987Compare Barrentine v. State, 136 Ga. App. 802 (5, 6) ( 222 SE2d 103 ) (1975), holding that the denial of a continuance was error where defense counsel was served with a new and additional list of witnesses the day before trial and stated in his place that he had not had time to interview them and determine exactly what the evidence was against his client. 1987Compare Barrentine v. State, 136 Ga. App. 802 (5, 6) ( 222 SE2d 103 ) (1975), holding that the denial of a continuance was error where defense counsel was served with a new and additional list of witnesses the day before trial and stated in his place that he had not had time to interview them and determine exactly what the evidence was against his client. | 1 | 1 |
Vaughn & Co. v. Saulgreen2 sentences1984Vaughn & Co. v. Saul, 143 Ga. App. 74, 80 (4) ( 237 SE2d 622 ) (1977) and cit. 1984Vaughn & Co. v. Saul, 143 Ga. App. 74, 80 (4) ( 237 SE2d 622 ) (1977) and cit. | 1 | 1 |
Howard v. Walkergreen2 sentences1983Appellant attacks the court's decision to award summary judgment to appellees on the ground that application of the rule enunciated in Howard v. Walker, 242 Ga. 406, 408 ( 249 SE2d 45 ), and Parker v. Knight, 245 Ga. 782 ( 267 SE2d 222 ), is unconstitutional in that it amounts to a denial of equal protection. 1983Appellant attacks the court's decision to award summary judgment to appellees on the ground that application of the rule enunciated in Howard v. Walker, 242 Ga. 406, 408 ( 249 SE2d 45 ), and Parker v. Knight, 245 Ga. 782 ( 267 SE2d 222 ), is unconstitutional in that it amounts to a denial of equal protection. | 1 | 1 |
| Ware v. Stategreen | 1 | 1 |
| Moon v. Wrightgreen | 1 | 1 |
| Whitley v. Clegggreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lamb v. State
green
2 sentences1994Boatright v. State, 91 Ga. 13 ( 16 SE 101 ); McKoy v. Hardy, 92 Ga. App. 525 ( 88 SE2d 708 ); Digsby v. Johnson, 82 Ga. App. 611 ( 61 SE2d 792 ).’ Whidby v. Feagins, 103 Ga. App. 797, 799 ( 120 SE2d 661 ).” Graham v. State, 107 Ga. App. 332, 333 (1) ( 130 SE2d 166 ). 1974Boatwright v. State, 91 Ga. 13 ( 16 SE 101 ); Ward v. Ward, 134 Ga. 714 ( 68 SE 478 ); Graham v. State, 107 Ga. App. 332 (1) ( 130 SE2d 166 ). | 5 | 1961–1994 |
Boatwright v. State
green
2 sentences1994Boatright v. State, 91 Ga. 13 ( 16 SE 101 ); McKoy v. Hardy, 92 Ga. App. 525 ( 88 SE2d 708 ); Digsby v. Johnson, 82 Ga. App. 611 ( 61 SE2d 792 ).’ Whidby v. Feagins, 103 Ga. App. 797, 799 ( 120 SE2d 661 ).” Graham v. State, 107 Ga. App. 332, 333 (1) ( 130 SE2d 166 ). 1974Boatwright v. State, 91 Ga. 13 ( 16 SE 101 ); Ward v. Ward, 134 Ga. 714 ( 68 SE 478 ); Graham v. State, 107 Ga. App. 332 (1) ( 130 SE2d 166 ). | 5 | 1961–1994 |
Digsby v. Johnson
neutral
2 sentences1994Boatright v. State, 91 Ga. 13 ( 16 SE 101 ); McKoy v. Hardy, 92 Ga. App. 525 ( 88 SE2d 708 ); Digsby v. Johnson, 82 Ga. App. 611 ( 61 SE2d 792 ).’ Whidby v. Feagins, 103 Ga. App. 797, 799 ( 120 SE2d 661 ).” Graham v. State, 107 Ga. App. 332, 333 (1) ( 130 SE2d 166 ). 1994Boatright v. State, 91 Ga. 13 ( 16 SE 101 ); McKoy v. Hardy, 92 Ga. App. 525 ( 88 SE2d 708 ); Digsby v. Johnson, 82 Ga. App. 611 ( 61 SE2d 792 ).’ Whidby v. Feagins, 103 Ga. App. 797, 799 ( 120 SE2d 661 ).” Graham v. State, 107 Ga. App. 332, 333 (1) ( 130 SE2d 166 ). | 4 | 1961–1994 |
McKoy v. Hardy
green
2 sentences1994Boatright v. State, 91 Ga. 13 ( 16 SE 101 ); McKoy v. Hardy, 92 Ga. App. 525 ( 88 SE2d 708 ); Digsby v. Johnson, 82 Ga. App. 611 ( 61 SE2d 792 ).’ Whidby v. Feagins, 103 Ga. App. 797, 799 ( 120 SE2d 661 ).” Graham v. State, 107 Ga. App. 332, 333 (1) ( 130 SE2d 166 ). 1994Boatright v. State, 91 Ga. 13 ( 16 SE 101 ); McKoy v. Hardy, 92 Ga. App. 525 ( 88 SE2d 708 ); Digsby v. Johnson, 82 Ga. App. 611 ( 61 SE2d 792 ).’ Whidby v. Feagins, 103 Ga. App. 797, 799 ( 120 SE2d 661 ).” Graham v. State, 107 Ga. App. 332, 333 (1) ( 130 SE2d 166 ). | 4 | 1961–1994 |
In Re J. B.
green
2 sentences1994B., 183 Ga. App. 229 (2) ( 358 SE2d 620 ) (1987), thus protecting both parties from participating in a hearing before they are properly prepared. 1994B., 183 Ga. App. 229 (2) ( 358 SE2d 620 ) (1987), thus protecting both parties from participating in a hearing before they are properly prepared. | 2 | 1994–1994 |
Graham v. State
neutral
2 sentences1994Boatright v. State, 91 Ga. 13 ( 16 SE 101 ); McKoy v. Hardy, 92 Ga. App. 525 ( 88 SE2d 708 ); Digsby v. Johnson, 82 Ga. App. 611 ( 61 SE2d 792 ).’ Whidby v. Feagins, 103 Ga. App. 797, 799 ( 120 SE2d 661 ).” Graham v. State, 107 Ga. App. 332, 333 (1) ( 130 SE2d 166 ). 1974Boatwright v. State, 91 Ga. 13 ( 16 SE 101 ); Ward v. Ward, 134 Ga. 714 ( 68 SE 478 ); Graham v. State, 107 Ga. App. 332 (1) ( 130 SE2d 166 ). | 2 | 1974–1994 |
Zamora v. State
green
1 sentence2019Bonner , 226 Ga. App. at 5 (4), 485 S.E.2d 214 . | 1 | 2019–2019 |
In Re CR
green
1 sentence2010"Therefore, the hearing was set and held within ten days of the filing of the petition although it was then continued, an action that was within the trial court's discretion." (Citation omitted.) In the Interest of C.R., supra, 292 Ga.App. at 354 (6), 665 S.E.2d 39 ; see In the Interest of E.S., 262 Ga.App. 768, 769 (1)(a), 586 S.E.2d 691 (2003) (although adjudicatory hearing must be set within ten days, there is no requirement that hearing actually be held on that date). | 1 | 2010–2010 |
Shorter v. Waters
green
2 sentences2004Shorter v. Waters, 275 Ga. 581 ( 571 SE2d 373 ) (2002); Battles v. Chapman, 269 Ga. 702 (1) ( 506 SE2d 838 ) (1998). (a) The trial court took extraordinary measures in this case, including a motion sua sponte, questions from the bench, and a continuance of the hearing on the motions for new trial, to ensure that Forehand’s ineffective assistance claims would be heard in full. 2004Shorter v. Waters, 275 Ga. 581 ( 571 SE2d 373 ) (2002); Battles v. Chapman, 269 Ga. 702 (1) ( 506 SE2d 838 ) (1998). (a) The trial court took extraordinary measures in this case, including a motion sua sponte, questions from the bench, and a continuance of the hearing on the motions for new trial, to ensure that Forehand’s ineffective assistance claims would be heard in full. | 1 | 2004–2004 |
Battles v. Chapman
green
2 sentences2004Shorter v. Waters, 275 Ga. 581 ( 571 SE2d 373 ) (2002); Battles v. Chapman, 269 Ga. 702 (1) ( 506 SE2d 838 ) (1998). (a) The trial court took extraordinary measures in this case, including a motion sua sponte, questions from the bench, and a continuance of the hearing on the motions for new trial, to ensure that Forehand’s ineffective assistance claims would be heard in full. 2004Shorter v. Waters, 275 Ga. 581 ( 571 SE2d 373 ) (2002); Battles v. Chapman, 269 Ga. 702 (1) ( 506 SE2d 838 ) (1998). (a) The trial court took extraordinary measures in this case, including a motion sua sponte, questions from the bench, and a continuance of the hearing on the motions for new trial, to ensure that Forehand’s ineffective assistance claims would be heard in full. | 1 | 2004–2004 |
State of Ga. v. Vurgess
green
1 sentence1993State of Ga. v. Luke, supra. See also State of Ga. v. Vurgess, supra; State of Ga. v. Waters, supra. Although a respondent may seek a continuance of a hearing, it is the duty of the state to obtain a continuance if it does not invoke a hearing within the 60-day period or otherwise avoid the necessity of the hearing, e.g., by obtaining a dismissal of an answer. | 1 | 1993–1993 |
Blair v. State
green
2 sentences1983This contention was decided adversely to appellant in Blair v. State, 166 Ga. App. 434 ( 304 SE2d 535 ) (1983), which involved the same attorneys in the same court on the same dates. 2. 1983This contention was decided adversely to appellant in Blair v. State, 166 Ga. App. 434 ( 304 SE2d 535 ) (1983), which involved the same attorneys in the same court on the same dates. 2. | 1 | 1983–1983 |
| Parker v. Knight green | 1 | 1983–1983 |
| Gaines v. State green | 1 | 1977–1977 |
| Ward v. Ward green | 1 | 1974–1974 |
| Ocean Accident & Guarantee Corp. v. Harris green | 1 | 1971–1971 |
| Coker v. State neutral | 1 | 1971–1971 |
| Azar v. THUMA, Alias THOMAS green | 1 | 1959–1959 |
| Smoot v. Donaldson neutral | 1 | 1959–1959 |
| Wilson v. Gundy neutral | 1 | 1959–1959 |
| Lyles v. State green | 1 | 1956–1956 |
| Rogers v. Sword green | 1 | 1951–1951 |
| McCarty v. Keys green | 1 | 1951–1951 |
| Bull & Son v. Armour Fertilizer Works neutral | 1 | 1950–1950 |
| Moulton v. State neutral | 1 | 1946–1946 |
| Barlow v. State green | 1 | 1946–1946 |
| Roth v. State neutral | 1 | 1946–1946 |
| Sutton v. State green | 1 | 1946–1946 |
| Murray v. Harris neutral | 1 | 1946–1946 |
| Preston v. Johnson green | 1 | 1945–1945 |
| Johnson v. Jackson neutral | 1 | 1936–1936 |
| Champion v. Champion green | 1 | 1924–1924 |
| Smith, Son & Brother v. Printup Bros. & Co. neutral | 1 | 1923–1923 |
| Lamar v. McDaniel green | 1 | 1923–1923 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.