section 24-4-403 extraordinary remedy (Georgia) · Go Syfert
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section 24-4-403 extraordinary remedy in Georgia

10 Georgia opinions name it 1 courts 2016–2025 5 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.

Followed or applied (7)

CaseFollowedCited
Dixon v. the Stategreen
gactapp · 2017 · cited in 3 Georgia opinions naming this issue, 2018–2021
2 sentences

2018Moreover, "the exclusion of evidence under OCGA § 24-4-403 is an extraordinary remedy which should be used only sparingly ... to exclude matter of scant or cumulative probative force, dragged in by the heels for the sake of its prejudicial effect." (Citation and punctuation omitted.) Dixon v. State , 341 Ga. App. 255 , 260 (1) (b), 800 S.E.2d 11 (2017).

2018Moreover, "the exclusion of evidence under OCGA § 24-4-403 is an extraordinary remedy which should be used only sparingly ... to exclude matter of scant or cumulative probative force, dragged in by the heels for the sake of its prejudicial effect." (Citation and punctuation omitted.) Dixon v. State , 341 Ga. App. 255 , 260 (1) (b), 800 S.E.2d 11 (2017).

23
The STATE v. McPHERSONgreen
gactapp · 2017 · cited in 2 Georgia opinions naming this issue, 2021–2022
2 sentences

2022(Citations and punctuation omitted.) State v. McPherson, 341 Ga. App. 871, 873-874 ( 800 SE2d 389 ) (2017).

2022(Citations and punctuation omitted.) State v. McPherson, 341 Ga. App. 871, 873-874 ( 800 SE2d 389 ) (2017).

12
Daniel Ramirez-Ortiz v. Stategreen
gactapp · 2021 · cited in 1 Georgia opinions naming this issue, 2025–2025
1 sentence

2025Ultimately, a trial court’s decision on whether to admit evidence under [OCGA § 24-4-414 (a)] will be overturned only where there is a clear abuse of discretion.” Ramirez-Ortiz, supra at 584 (4) (a) (citation and punctuation omitted).

11
Steele v. Stategreen
gactapp · 2016 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021Ultimately, a trial court’s decision on whether to admit 21 (Citations and punctuation omitted.) Dixon v. State, 341 Ga. App. 255, 258 (1) ( 800 SE2d 11 ) (2017), citing Steele v. State, 337 Ga. App. 562, 566 (3), n.5 ( 788 SE2d 145 ) (2016), Dority v. State, 335 Ga. App. 83, 95 (3) ( 780 SE2d 129 ) (2015). 14 evidence under one of these statutes will be overturned only where there is a clear abuse of discretion.22 Here, the evidence of Ramirez-Ortiz’s actions against B.

2021Ultimately, a trial court’s decision on whether to admit 21 (Citations and punctuation omitted.) Dixon v. State, 341 Ga. App. 255, 258 (1) ( 800 SE2d 11 ) (2017), citing Steele v. State, 337 Ga. App. 562, 566 (3), n.5 ( 788 SE2d 145 ) (2016), Dority v. State, 335 Ga. App. 83, 95 (3) ( 780 SE2d 129 ) (2015). 14 evidence under one of these statutes will be overturned only where there is a clear abuse of discretion.22 Here, the evidence of Ramirez-Ortiz’s actions against B.

11
BOYD v. the STATE.green
gactapp · 2019 · cited in 1 Georgia opinions naming this issue, 2021–2021
1 sentence

2021“But the exclusion of evidence under OCGA § 24-4-403 is an extraordinary remedy which should be used only sparingly.” Boyd, 351 Ga. App. at 473 (3).

11
Satterfield v. the Stategreen
gactapp · 2016 · cited in 1 Georgia opinions naming this issue, 2020–2020
2 sentences

2020Nails argues that the evidence was insufficient to convict her for theft by receiving stolen property and trafficking methamphetamine. 11 See Satterfield v. State, 339 Ga. App. 15, 20 (1) (a) ( 792 SE2d 451 ) (2016) (explaining that “intrinsic” evidence that is related to the charged crimes, occurs close in time, and is probative of issues applicable to trial is admissible if it is more probative than prejudicial). 12 (Citation and punctuation omitted.) Id. at 21 (1) (b). 9 (a) Trafficking methamphetamine.

2020Nails argues that the evidence was insufficient to convict her for theft by receiving stolen property and trafficking methamphetamine. 11 See Satterfield v. State, 339 Ga. App. 15, 20 (1) (a) ( 792 SE2d 451 ) (2016) (explaining that “intrinsic” evidence that is related to the charged crimes, occurs close in time, and is probative of issues applicable to trial is admissible if it is more probative than prejudicial). 12 (Citation and punctuation omitted.) Id. at 21 (1) (b). 9 (a) Trafficking methamphetamine.

11
United States v. Scott Michael Patrickgreen
ca11 · 2013 · cited in 1 Georgia opinions naming this issue, 2016–2016
2 sentences

2016The State argues that, because OCGA § 24-4-403 provides that a court “may” exclude such evidence, the court failed to recognize that, even if the “prerequisites [of OCGA § 24-4-403] are present, then it is permissible, but not mandated, that the evidence may be excluded.” When read in context, the trial court, by using the word “must” in its order, was simply recognizing that, although its discretion to exclude evidence under OCGA § 24-4-403 was narrowly circumscribed, its broad discretion to admit other acts 11 evidence was not absolute. “[Rule 403] was not designed to permit the court to ‘ev

2016The State argues that, because OCGA § 24-4-403 provides that a court “may” exclude such evidence, the court failed to recognize that, even if the “prerequisites [of OCGA § 24-4-403] are present, then it is permissible, but not mandated, that the evidence may be excluded.” When read in context, the trial court, by using the word “must” in its order, was simply recognizing that, although its discretion to exclude evidence under OCGA § 24-4-403 was narrowly circumscribed, its broad discretion to admit other acts evidence was not absolute. “[Rule 403 was] not designed to permit the court to ‘even

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Dority v. the State green
gactapp · 2015
2 sentences

2021Ultimately, a trial court’s decision on whether to admit 21 (Citations and punctuation omitted.) Dixon v. State, 341 Ga. App. 255, 258 (1) ( 800 SE2d 11 ) (2017), citing Steele v. State, 337 Ga. App. 562, 566 (3), n.5 ( 788 SE2d 145 ) (2016), Dority v. State, 335 Ga. App. 83, 95 (3) ( 780 SE2d 129 ) (2015). 14 evidence under one of these statutes will be overturned only where there is a clear abuse of discretion.22 Here, the evidence of Ramirez-Ortiz’s actions against B.

2021Ultimately, a trial court’s decision on whether to admit 21 (Citations and punctuation omitted.) Dixon v. State, 341 Ga. App. 255, 258 (1) ( 800 SE2d 11 ) (2017), citing Steele v. State, 337 Ga. App. 562, 566 (3), n.5 ( 788 SE2d 145 ) (2016), Dority v. State, 335 Ga. App. 83, 95 (3) ( 780 SE2d 129 ) (2015). 14 evidence under one of these statutes will be overturned only where there is a clear abuse of discretion.22 Here, the evidence of Ramirez-Ortiz’s actions against B.

12021–2021
Smith v. State green
ga · 2017
2 sentences

2018Smith v. State , 302 Ga. 717 (3), 808 S.E.2d 661 (2017) (citations and punctuation omitted).

2018Smith v. State , 302 Ga. 717 (3), 808 S.E.2d 661 (2017) (citations and punctuation omitted).

12018–2018

Statutes the citing opinions construe

GA § 24-4-403 (10) GA § 24-4-404 (7) GA § 24-4-414 (5) GA § 16-14-3 (3) GA § 24-4-413 (3)

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.

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