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36 Georgia opinions name it 2 courts 1967–1991 0 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 |
|---|---|---|
Jackson v. Stategreen2 sentences1977Jackson v. State, 225 Ga. 39, 42 ( 165 SE2d 711 ) (1969); Code § 27-407. 1977Jackson v. State, 225 Ga. 39, 42 ( 165 SE2d 711 ) (1969); Code § 27-407. | 5 | 5 |
State v. Middlebrooksgreen2 sentences1986The grand jury indicted McClendon on the day that he filed his motion for a committal hearing. “[0]nce an indictment is obtained there is no judicial oversight or review of the decision to prosecute because of any failure to hold a commitment hearing.” State v. Middlebrooks, 236 Ga. 52, 55 ( 222 SE2d 343 ) (1976). 1986The grand jury indicted McClendon on the day that he filed his motion for a committal hearing. “[0]nce an indictment is obtained there is no judicial oversight or review of the decision to prosecute because of any failure to hold a commitment hearing.” State v. Middlebrooks, 236 Ga. 52, 55 ( 222 SE2d 343 ) (1976). | 2 | 2 |
Cummings v. Stategreen2 sentences1978Cummings v. State, 226 Ga. 46, 47 (1) ( 172 SE2d 395 ).” Chenault v. State, 234 Ga. 216 (3), 221 ( 215 SE2d 223 ) (1975). 2. 1978Cummings v. State, 226 Ga. 46, 47 (1) ( 172 SE2d 395 ).” Chenault v. State, 234 Ga. 216 (3), 221 ( 215 SE2d 223 ) (1975). 2. | 2 | 2 |
Chenault v. Stategreen2 sentences1978Furthermore, "[t]here is no requirement that an appellant be furnished with an abstract of any evidence at a committal hearing [cit.] or a transcript of the evidence taken in a hearing by a court of inquiry. [Cit.]” Chenault v. State, 234 Ga. 216, 221 (3) ( 215 SE2d 223 ). 1978Furthermore, "[t]here is no requirement that an appellant be furnished with an abstract of any evidence at a committal hearing [cit.] or a transcript of the evidence taken in a hearing by a court of inquiry. [Cit.]” Chenault v. State, 234 Ga. 216, 221 (3) ( 215 SE2d 223 ). | 1 | 2 |
Sutton v. Stategreen2 sentences1991See Sutton v. State, 238 Ga. 336, 337-338 ( 232 SE2d 569 ) (1977); accord Powell v. State, 198 Ga. App. 509, 511 ( 402 SE2d 108 ) (1991). (c) At the hearing, appellant did not produce the transcript of the committal hearing, and thus failed to support his argument concerning the allegedly contradictory testimony of the fire department witness. 1991See Sutton v. State, 238 Ga. 336, 337-338 ( 232 SE2d 569 ) (1977); accord Powell v. State, 198 Ga. App. 509, 511 ( 402 SE2d 108 ) (1991). (c) At the hearing, appellant did not produce the transcript of the committal hearing, and thus failed to support his argument concerning the allegedly contradictory testimony of the fire department witness. | 1 | 1 |
Powell v. Stategreen2 sentences1991See Sutton v. State, 238 Ga. 336, 337-338 ( 232 SE2d 569 ) (1977); accord Powell v. State, 198 Ga. App. 509, 511 ( 402 SE2d 108 ) (1991). (c) At the hearing, appellant did not produce the transcript of the committal hearing, and thus failed to support his argument concerning the allegedly contradictory testimony of the fire department witness. 1991See Sutton v. State, 238 Ga. 336, 337-338 ( 232 SE2d 569 ) (1977); accord Powell v. State, 198 Ga. App. 509, 511 ( 402 SE2d 108 ) (1991). (c) At the hearing, appellant did not produce the transcript of the committal hearing, and thus failed to support his argument concerning the allegedly contradictory testimony of the fire department witness. | 1 | 1 |
Timberlake v. Stategreen2 sentences1989He then sought to introduce the testimony of the magistrate to the effect that Lewis had said at the committal hearing, after being advised of his rights and of the charge: “I’d just like to say these other fellows didn’t have anything to do with it.” Defendant attempts to distinguish Timberlake v. State, 246 Ga. 488, 492 (1) ( 271 SE2d 792 ) (1980), but we perceive no distinction which would render admissible the testimony about the co-defendant’s unsworn, unrecorded, later-contradicted statement. 3. 1989He then sought to introduce the testimony of the magistrate to the effect that Lewis had said at the committal hearing, after being advised of his rights and of the charge: “I’d just like to say these other fellows didn’t have anything to do with it.” Defendant attempts to distinguish Timberlake v. State, 246 Ga. 488, 492 (1) ( 271 SE2d 792 ) (1980), but we perceive no distinction which would render admissible the testimony about the co-defendant’s unsworn, unrecorded, later-contradicted statement. 3. | 1 | 1 |
Neal v. Stategreen2 sentences1987Any questions as to the propriety of the finding of probable cause at the committal hearing are rendered moot by subsequent convictions for the offenses charged, for "[t]he purpose of a commitment hearing is simply to determine whether there is probable cause (sufficient reason to suspect) to believe the accused guilty of the offense charged, and if so, to bind the accused over for indictment by the grand jury. [Cits.]" Neal v. State, 160 Ga. App. 498, 499 (1) (287 *296 SE2d 399) (1981), and even when there is a complete failure to hold a commitment hearing, there is no judicial oversight or r 1987Any questions as to the propriety of the finding of probable cause at the committal hearing are rendered moot by subsequent convictions for the offenses charged, for “[t]he purpose of a commitment hearing is simply to determine whether there is probable cause (sufficient reason to suspect) to believe the accused guilty of the offense charged, and if so, to bind the accused over for indictment by the grand jury. [Cits.]” Neal v. State, 160 Ga. App. 498, 499 (1) ( 287 SE2d 399 ) (1981), and even when there is a complete failure to hold a commitment hearing, there is no judicial oversight or revi | 1 | 1 |
Parker v. Stategreen2 sentences1984See Parker v. State, 156 Ga. App. 299 ( 274 SE2d 694 ) (1980). 1984See Parker v. State, 156 Ga. App. 299 ( 274 SE2d 694 ) (1980). | 1 | 1 |
Fluellen v. Stategreen2 sentences1983Appellant did not object at trial, and “[i]t is well settled that matters not objected to at trial cannot be raised for the first time on appeal. [Cit.] ” Fluellen v. State, 163 Ga. App. 425, 426 ( 294 SE2d 653 ) (1982). 3. 1983Appellant did not object at trial, and “[i]t is well settled that matters not objected to at trial cannot be raised for the first time on appeal. [Cit.] ” Fluellen v. State, 163 Ga. App. 425, 426 ( 294 SE2d 653 ) (1982). 3. | 1 | 1 |
Pickens v. Stategreen1 sentence1982Further, this case is not similar to the facts of Pickens v. State, 111 Ga. App. 574, 575-576 (2) ( 142 SE2d 427 ), wherein the hearsay testimony of an accomplice át a committal hearing was used both to impeach an accomplice as a witness at the subsequent trial and to prove his testimony at which he simply “did not remember,” this court assuming arguendo that his testimony as heard by others at the committal hearing was admissible against the defendant but then holding the evidence was insufficient to convict the defendant of the crime charged. | 1 | 1 |
Martin v. Stategreen2 sentences1981Martin v. State, 151 Ga. App. 9, 15 ( 258 SE2d 711 ) (1979); see also Coaxum v. State, 146 Ga. App. 370 ( 246 SE2d 403 ) (1978). 1981Martin v. State, 151 Ga. App. 9, 15 ( 258 SE2d 711 ) (1979); see also Coaxum v. State, 146 Ga. App. 370 ( 246 SE2d 403 ) (1978). | 1 | 1 |
Coaxum v. Stategreen2 sentences1981Martin v. State, 151 Ga. App. 9, 15 ( 258 SE2d 711 ) (1979); see also Coaxum v. State, 146 Ga. App. 370 ( 246 SE2d 403 ) (1978). 1981Martin v. State, 151 Ga. App. 9, 15 ( 258 SE2d 711 ) (1979); see also Coaxum v. State, 146 Ga. App. 370 ( 246 SE2d 403 ) (1978). | 1 | 1 |
Hatcher v. Stategreen2 sentences1978Lewis v. State, 126 Ga. App. 123 ( 190 SE2d 123 ) (1972); Hatcher v. State, 141 Ga. App. 756, 764 ( 234 SE2d 388 ) (Judge Smith dissenting). 1978Lewis v. State, 126 Ga. App. 123 ( 190 SE2d 123 ) (1972); Hatcher v. State, 141 Ga. App. 756, 764 ( 234 SE2d 388 ) (Judge Smith dissenting). | 1 | 1 |
Hargett v. Stategreen2 sentences1978See Hargett v. State, 121 Ga. App. 157 ( 173 SE2d 266 ) (1970); Barber v. State, 95 Ga. App. 763 ( 98 SE2d 575 ) (1957). 1978See Hargett v. State, 121 Ga. App. 157 ( 173 SE2d 266 ) (1970); Barber v. State, 95 Ga. App. 763 ( 98 SE2d 575 ) (1957). | 1 | 1 |
Gill v. Decatur Countygreen2 sentences1978"I charge you members of the jury that in the event of a committal hearing, the person holding the hearing if such hearing officer also issued the warrant would be entitled to the following cost[s]: issuing the warrant $4.00; docketing $1.00; taking testimony in criminal case $4.00; examination of each witness in a criminal case $1.00; making out commitment or judgment in the case $1.00, or a total of $11.00.” This language was substantially taken from Gill v. Decatur County, 129 Ga. App. 697, 700 ( 201 SE2d 21 ) which delineated what costs a justice of the peace would be entitled to upon hold 1978"I charge you members of the jury that in the event of a committal hearing, the person holding the hearing if such hearing officer also issued the warrant would be entitled to the following cost[s]: issuing the warrant $4.00; docketing $1.00; taking testimony in criminal case $4.00; examination of each witness in a criminal case $1.00; making out commitment or judgment in the case $1.00, or a total of $11.00.” This language was substantially taken from Gill v. Decatur County, 129 Ga. App. 697, 700 ( 201 SE2d 21 ) which delineated what costs a justice of the peace would be entitled to upon hold | 1 | 1 |
| Mitchell v. Smithgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Brown v. State
green
2 sentences1978"There is no requirement that an appellant be furnished with an abstract of any evidence at a committal hearing (Brown v. State, 223 Ga. 76 (9) ( 153 SE2d 709 )) or a transcript of the evidence taken in a hearing by a court of inquiry. 1978"There is no requirement that an appellant be furnished with an abstract of any evidence at a committal hearing (Brown v. State, 223 Ga. 76 (9) ( 153 SE2d 709 )) or a transcript of the evidence taken in a hearing by a court of inquiry. | 3 | 1975–1978 |
Dodson v. Grimes
green
2 sentences1982This Act does not provide that the committing magistrate shall have a hearing within 72 hours after the arrest.” Dodson v. Grimes, 220 Ga. 269 (1) ( 138 SE2d 311 ) (1964). 1982This Act does not provide that the committing magistrate shall have a hearing within 72 hours after the arrest.” Dodson v. Grimes, 220 Ga. 269 (1) ( 138 SE2d 311 ) (1964). | 2 | 1967–1982 |
Nettles v. State
green
2 sentences1979The state, citing Nettles v. State, 144 Ga. App. 473 (1) ( 241 SE2d 589 ) (1978), and Graham v. State, 147 Ga. App. 202 (3) ( 248 SE2d 332 ) (1978), argues that no error is shown by the refusal to grant a continuance based upon the absence of any record of the committal hearing. 1979The state, citing Nettles v. State, 144 Ga. App. 473 (1) ( 241 SE2d 589 ) (1978), and Graham v. State, 147 Ga. App. 202 (3) ( 248 SE2d 332 ) (1978), argues that no error is shown by the refusal to grant a continuance based upon the absence of any record of the committal hearing. | 2 | 1978–1979 |
Manor v. State
green
2 sentences1975The case of Manor v. State, 221 Ga. 866 ( 148 SE2d 305 ), cited by counsel, is not applicable, and is entirely different on its facts, wherein defendant was kept in jail, stripped naked, and waived a committal hearing under duress and cruel and inhumane treatment. 1975The case of Manor v. State, 221 Ga. 866 ( 148 SE2d 305 ), cited by counsel, is not applicable, and is entirely different on its facts, wherein defendant was kept in jail, stripped naked, and waived a committal hearing under duress and cruel and inhumane treatment. | 2 | 1972–1975 |
Pruitt v. State
green
2 sentences1989Cf. Pruitt v. State, 258 Ga. 583 (2) ( 373 SE2d 192 ) (1988). 11. 1989Cf. Pruitt v. State, 258 Ga. 583 (2) ( 373 SE2d 192 ) (1988). 11. | 1 | 1989–1989 |
Tyson v. State
green
2 sentences1987Rhodes v. State, 170 Ga. App. 473 (2) ( 317 SE2d 285 ) (1984); Tyson v. State, 165 Ga. App. 22 (1) ( 299 SE2d 69 ) (1983). 3. 1987Rhodes v. State, 170 Ga. App. 473 (2) ( 317 SE2d 285 ) (1984); Tyson v. State, 165 Ga. App. 22 (1) ( 299 SE2d 69 ) (1983). 3. | 1 | 1987–1987 |
Rhodes v. State
green
2 sentences1987Rhodes v. State, 170 Ga. App. 473 (2) ( 317 SE2d 285 ) (1984); Tyson v. State, 165 Ga. App. 22 (1) ( 299 SE2d 69 ) (1983). 3. 1987Rhodes v. State, 170 Ga. App. 473 (2) ( 317 SE2d 285 ) (1984); Tyson v. State, 165 Ga. App. 22 (1) ( 299 SE2d 69 ) (1983). 3. | 1 | 1987–1987 |
Gaither v. State
green
2 sentences1986Gaither v. State, 227 Ga. 668 ( 182 SE2d 434 ) (1971). (b) Barnes next contends that since he questioned Baxter on direct at the committal hearing and the state cross-examined Baxter at that hearing, Baxter’s testimony at the hearing should not have been admitted at trial. 1986Gaither v. State, 227 Ga. 668 ( 182 SE2d 434 ) (1971). (b) Barnes next contends that since he questioned Baxter on direct at the committal hearing and the state cross-examined Baxter at that hearing, Baxter’s testimony at the hearing should not have been admitted at trial. | 1 | 1986–1986 |
Ward v. Village of Monroeville
green
1 sentence1985Defendant has attempted to extend the ruling of Ward, supra, which applies to trials and a determination of guilt and innocence, to a committal hearing before a person who determines only probable cause. | 1 | 1985–1985 |
Pickens v. State
green
1 sentence1982Further, this case is not similar to the facts of Pickens v. State, 111 Ga. App. 574, 575-576 (2) ( 142 SE2d 427 ), wherein the hearsay testimony of an accomplice át a committal hearing was used both to impeach an accomplice as a witness at the subsequent trial and to prove his testimony at which he simply “did not remember,” this court assuming arguendo that his testimony as heard by others at the committal hearing was admissible against the defendant but then holding the evidence was insufficient to convict the defendant of the crime charged. | 1 | 1982–1982 |
Jackson v. Virginia
red
1 sentence1982We find that the evidence is sufficient to support the jury’s verdict under the test of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2. | 1 | 1982–1982 |
Graham v. State
green
2 sentences1979The state, citing Nettles v. State, 144 Ga. App. 473 (1) ( 241 SE2d 589 ) (1978), and Graham v. State, 147 Ga. App. 202 (3) ( 248 SE2d 332 ) (1978), argues that no error is shown by the refusal to grant a continuance based upon the absence of any record of the committal hearing. 1979The state, citing Nettles v. State, 144 Ga. App. 473 (1) ( 241 SE2d 589 ) (1978), and Graham v. State, 147 Ga. App. 202 (3) ( 248 SE2d 332 ) (1978), argues that no error is shown by the refusal to grant a continuance based upon the absence of any record of the committal hearing. | 1 | 1979–1979 |
Lewis v. State
green
2 sentences1978Lewis v. State, 126 Ga. App. 123 ( 190 SE2d 123 ) (1972); Hatcher v. State, 141 Ga. App. 756, 764 ( 234 SE2d 388 ) (Judge Smith dissenting). 1978Lewis v. State, 126 Ga. App. 123 ( 190 SE2d 123 ) (1972); Hatcher v. State, 141 Ga. App. 756, 764 ( 234 SE2d 388 ) (Judge Smith dissenting). | 1 | 1978–1978 |
Barber v. State
green
2 sentences1978See Hargett v. State, 121 Ga. App. 157 ( 173 SE2d 266 ) (1970); Barber v. State, 95 Ga. App. 763 ( 98 SE2d 575 ) (1957). 1978See Hargett v. State, 121 Ga. App. 157 ( 173 SE2d 266 ) (1970); Barber v. State, 95 Ga. App. 763 ( 98 SE2d 575 ) (1957). | 1 | 1978–1978 |
| Hardin v. State green | 1 | 1976–1976 |
| Green v. State green | 1 | 1976–1976 |
| Brown v. Matheson neutral | 1 | 1976–1976 |
| Robinson v. State neutral | 1 | 1976–1976 |
| Richards v. State green | 1 | 1974–1974 |
| Bryant v. State green | 1 | 1974–1974 |
| Brand v. Wofford green | 1 | 1974–1974 |
| Park v. State green | 1 | 1973–1973 |
| Mollins v. State green | 1 | 1972–1972 |
| Coleman v. Alabama green | 1 | 1972–1972 |