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34 Georgia opinions name it 2 courts 1973–2026 3 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 |
|---|---|---|
Brown v. Stategreen2 sentences2017See Ballard v. State, 297 Ga. 248, 251 (4) ( 773 SE2d 254 ) (2015) (motion to bifurcate is properly denied where felon-in-possession count serves as predicate for felony murder); Brown v. State, 295 Ga. 804, 806 (3) ( 764 SE2d 376 ) (2014) (same). 2017See Ballard v. State, 297 Ga. 248, 251 (4) ( 773 SE2d 254 ) (2015) (motion to bifurcate is properly denied where felon-in-possession count serves as predicate for felony murder); Brown v. State, 295 Ga. 804, 806 (3) ( 764 SE2d 376 ) (2014) (same). | 2 | 2 |
Ballard v. State v. Stategreen2 sentences2017See Ballard v. State, 297 Ga. 248, 251 (4) ( 773 SE2d 254 ) (2015) (motion to bifurcate is properly denied where felon-in-possession count serves as predicate for felony murder); Brown v. State, 295 Ga. 804, 806 (3) ( 764 SE2d 376 ) (2014) (same). 2017See Ballard v. State, 297 Ga. 248, 251 (4) ( 773 SE2d 254 ) (2015) (motion to bifurcate is properly denied where felon-in-possession count serves as predicate for felony murder); Brown v. State, 295 Ga. 804, 806 (3) ( 764 SE2d 376 ) (2014) (same). | 2 | 2 |
Jackson v. Virginiared2 sentences1998This evidence is sufficient to meet the standard of proof required by Jackson v. Virginia, supra, and the trial court therefore did not err in denying Wilson’s motion for a directed verdict of acquittal. 1993The question for this court in reviewing the denial of a motion for directed verdict under OCGA § 17-9-1 is whether the evidence was sufficient under Jackson v. Virginia, 443 U. S. 307, 310 (99 SC 2781, 61 LE2d 560) (1979); Humphrey v. State, 252 Ga. 525, 527 ( 314 SE2d 436 ) (1984). | 1 | 2 |
Dunbar v. Stategreen2 sentences2021See Dunbar, 309 Ga. at 258 (3). 2021See Dunbar, 309 Ga. at 258 (3). | 1 | 1 |
Adams v. Stategreen1 sentence2021See Adams, 288 Ga. at 703 (Hunstein, C.J., concurring specially). 13 But this is not the case for us to reconsider Adams, because we are reviewing Wilson’s claim for plain error, and plain error cannot be based on an extension of existing precedent, much less on the overruling of existing precedent. | 1 | 1 |
Bell v. Cohrangreen2 sentences2019See Bell v. Cohran, 244 Ga. App. 510 , 510- 511 ( 536 SE2d 187 ) (2000); Savage v. Newsome, 173 Ga. App. 271, 271 ( 326 SE2d 5 ) (1985). to Set Aside” the summary judgment order, filed in this Court on December 3, 2018, and her motions to supplement the record, filed in this Court on January 3, 2019 and January 7, 2019, likewise are DENIED as MOOT. 2019See Bell v. Cohran, 244 Ga. App. 510 , 510- 511 ( 536 SE2d 187 ) (2000); Savage v. Newsome, 173 Ga. App. 271, 271 ( 326 SE2d 5 ) (1985). to Set Aside” the summary judgment order, filed in this Court on December 3, 2018, and her motions to supplement the record, filed in this Court on January 3, 2019 and January 7, 2019, likewise are DENIED as MOOT. | 1 | 1 |
Moody v. Stategreen1 sentence2019Cf. Mimms v. State, 254 Ga. App. 483, 485-86 (1) ( 562 SE2d 754 ) (2002) (trial court did not err in denying a motion for new trial without a hearing when the defendant’s attorney failed to show up to the scheduled hearing without a valid leave of absence in place), aff’d sub nom., Jones v. State, 276 10 Ga. 171 ( 575 SE2d 456 ) (2003); Page v. Ginn, 187 Ga. App. 143, 145 (1) ( 369 SE2d 517 ) (1988) (trial court was “justified in deciding the motion [for new trial] on the briefs originally submitted” where parties had abandoned their right to a hearing on the motion); Moody v. State, 14 Ga. Ap | 1 | 1 |
Page v. Guingreen2 sentences2019Cf. Mimms v. State, 254 Ga. App. 483, 485-86 (1) ( 562 SE2d 754 ) (2002) (trial court did not err in denying a motion for new trial without a hearing when the defendant’s attorney failed to show up to the scheduled hearing without a valid leave of absence in place), aff’d sub nom., Jones v. State, 276 10 Ga. 171 ( 575 SE2d 456 ) (2003); Page v. Ginn, 187 Ga. App. 143, 145 (1) ( 369 SE2d 517 ) (1988) (trial court was “justified in deciding the motion [for new trial] on the briefs originally submitted” where parties had abandoned their right to a hearing on the motion); Moody v. State, 14 Ga. Ap 2019Cf. Mimms v. State, 254 Ga. App. 483, 485-86 (1) ( 562 SE2d 754 ) (2002) (trial court did not err in denying a motion for new trial without a hearing when the defendant’s attorney failed to show up to the scheduled hearing without a valid leave of absence in place), aff’d sub nom., Jones v. State, 276 10 Ga. 171 ( 575 SE2d 456 ) (2003); Page v. Ginn, 187 Ga. App. 143, 145 (1) ( 369 SE2d 517 ) (1988) (trial court was “justified in deciding the motion [for new trial] on the briefs originally submitted” where parties had abandoned their right to a hearing on the motion); Moody v. State, 14 Ga. Ap | 1 | 1 |
Savage v. Newsomegreen2 sentences2019See Bell v. Cohran, 244 Ga. App. 510 , 510- 511 ( 536 SE2d 187 ) (2000); Savage v. Newsome, 173 Ga. App. 271, 271 ( 326 SE2d 5 ) (1985). to Set Aside” the summary judgment order, filed in this Court on December 3, 2018, and her motions to supplement the record, filed in this Court on January 3, 2019 and January 7, 2019, likewise are DENIED as MOOT. 2019See Bell v. Cohran, 244 Ga. App. 510 , 510- 511 ( 536 SE2d 187 ) (2000); Savage v. Newsome, 173 Ga. App. 271, 271 ( 326 SE2d 5 ) (1985). to Set Aside” the summary judgment order, filed in this Court on December 3, 2018, and her motions to supplement the record, filed in this Court on January 3, 2019 and January 7, 2019, likewise are DENIED as MOOT. | 1 | 1 |
Mimms v. Stategreen2 sentences2019Cf. Mimms v. State, 254 Ga. App. 483, 485-86 (1) ( 562 SE2d 754 ) (2002) (trial court did not err in denying a motion for new trial without a hearing when the defendant’s attorney failed to show up to the scheduled hearing without a valid leave of absence in place), aff’d sub nom., Jones v. State, 276 10 Ga. 171 ( 575 SE2d 456 ) (2003); Page v. Ginn, 187 Ga. App. 143, 145 (1) ( 369 SE2d 517 ) (1988) (trial court was “justified in deciding the motion [for new trial] on the briefs originally submitted” where parties had abandoned their right to a hearing on the motion); Moody v. State, 14 Ga. Ap 2019Cf. Mimms v. State, 254 Ga. App. 483, 485-86 (1) ( 562 SE2d 754 ) (2002) (trial court did not err in denying a motion for new trial without a hearing when the defendant’s attorney failed to show up to the scheduled hearing without a valid leave of absence in place), aff’d sub nom., Jones v. State, 276 10 Ga. 171 ( 575 SE2d 456 ) (2003); Page v. Ginn, 187 Ga. App. 143, 145 (1) ( 369 SE2d 517 ) (1988) (trial court was “justified in deciding the motion [for new trial] on the briefs originally submitted” where parties had abandoned their right to a hearing on the motion); Moody v. State, 14 Ga. Ap | 1 | 1 |
Rubiani v. Stategreen2 sentences2017See Rubiani v. State, 279 Ga. 299 , 299 n.1 ( 612 SE2d 798 ) (2005) (the substance of a motion, rather than its nomenclature, controls). 2017See Rubiani v. State, 279 Ga. 299 , 299 n.1 ( 612 SE2d 798 ) (2005) (the substance of a motion, rather than its nomenclature, controls). | 1 | 1 |
Kelley v. BLUE LINE CARRIERS, LLCgreen1 sentence2014See Kelley v. Blue Line Carriers, 300 Ga. App. at 580 (2). | 1 | 1 |
Lawrence v. Stategreen2 sentences2011“A witness who satisfactorily shows that he had opportunity to observe, and did observe, the condition of another, may testify whether that person was under the influence of intoxicants and the extent thereof, stating the facts upon which the opinion is based.” Lawrence v. State, 157 Ga. App. 264, 265 ( 277 SE2d 60 ) (1981). 2011“A witness who satisfactorily shows that he had opportunity to observe, and did observe, the condition of another, may testify whether that person was under the influence of intoxicants and the extent thereof, stating the facts upon which the opinion is based.” Lawrence v. State, 157 Ga. App. 264, 265 ( 277 SE2d 60 ) (1981). | 1 | 1 |
Mitchell v. Stategreen2 sentences2010See Mitchell v. State, 250 Ga. App. 292, 296 (2) (a) ( 551 SE2d 404 ) (2001). 2010See Mitchell v. State, 250 Ga. App. 292, 296 (2) (a) ( 551 SE2d 404 ) (2001). | 1 | 1 |
Smith v. Stategreen2 sentences2010If “the issue of trial counsel’s effectiveness has been raised . . . any claims of ineffective assistance by trial counsel not raised at that time are waived.” (Punctuation omitted.) Smith v. State, 282 Ga. App. 339, 344 (4) ( 638 SE2d 791 ) (2006). 11 The State claims that Wilson did not raise any grounds of ineffective assistance of counsel before the trial court, and this Court should, therefore, decline to review this enumeration of error. 2010If “the issue of trial counsel’s effectiveness has been raised . . . any claims of ineffective assistance by trial counsel not raised at that time are waived.” (Punctuation omitted.) Smith v. State, 282 Ga. App. 339, 344 (4) ( 638 SE2d 791 ) (2006). 11 The State claims that Wilson did not raise any grounds of ineffective assistance of counsel before the trial court, and this Court should, therefore, decline to review this enumeration of error. | 1 | 1 |
Fisch v. Randall Mill Corp.green2 sentences2010Under OCGA § 44-5-168, “the owner of the mineral rights loses them by nonuse plus nonpayment of taxes, as opposed to losing such rights by adverse possession of the fee simple owner.” Fisch v. Randall Mill Corp., 262 Ga. 861, 861 (1) ( 426 SE2d 883 ) (1993) *476 (citation and punctuation omitted). 2010Under OCGA § 44-5-168, “the owner of the mineral rights loses them by nonuse plus nonpayment of taxes, as opposed to losing such rights by adverse possession of the fee simple owner.” Fisch v. Randall Mill Corp., 262 Ga. 861, 861 (1) ( 426 SE2d 883 ) (1993) *476 (citation and punctuation omitted). | 1 | 1 |
Glover v. Stategreen2 sentences2010See also Glover v. State, 258 Ga. App. 527, 529 ( 574 SE2d 565 ) (2002). 10 To the extent that Wilson contends that his counsel was ineffective for failing to inform him about statutory requirements for imposing a recidivist sentence or for allowing him to plead guilty to three counts that should have been merged for sentencing (which Wilson styles as a double jeopardy violation), Wilson’s claim is procedurally barred because he failed to raise these claims before the trial court. 2010See also Glover v. State, 258 Ga. App. 527, 529 ( 574 SE2d 565 ) (2002). 10 To the extent that Wilson contends that his counsel was ineffective for failing to inform him about statutory requirements for imposing a recidivist sentence or for allowing him to plead guilty to three counts that should have been merged for sentencing (which Wilson styles as a double jeopardy violation), Wilson’s claim is procedurally barred because he failed to raise these claims before the trial court. | 1 | 1 |
Gearin v. Stategreen2 sentences2006See, e.g., Gearin v. State, 255 Ga. App. 329, 333 (1) ( 565 SE2d 540 ) (2002). 2006See, e.g., Gearin v. State, 255 Ga. App. 329, 333 (1) ( 565 SE2d 540 ) (2002). | 1 | 1 |
Shelton v. Stategreen2 sentences2003See Shelton v. State, 260 Ga. App. 855 ( 581 SE2d 378 ) (2003) (conflicts in the evidence are matters for the jury to resolve). 2003See Shelton v. State, 260 Ga. App. 855 ( 581 SE2d 378 ) (2003) (conflicts in the evidence are matters for the jury to resolve). | 1 | 1 |
Tucker v. Stynchcombegreen2 sentences2000See also Tucker v. Stynchcombe, 239 Ga. 356 ( 236 SE2d 623 ) (1977). 2000See also Tucker v. Stynchcombe, 239 Ga. 356 ( 236 SE2d 623 ) (1977). | 1 | 1 |
Aikens v. Stategreen2 sentences2000The superior court no longer had jurisdiction to consider Wilson’s motion to withdraw because the term of court in which the judgment of conviction was entered had expired. 2 Aikens v. State, 241 Ga. App. 816, 817 ( 527 SE2d 916 ) (2000). 2000The superior court no longer had jurisdiction to consider Wilson’s motion to withdraw because the term of court in which the judgment of conviction was entered had expired. 2 Aikens v. State, 241 Ga. App. 816, 817 ( 527 SE2d 916 ) (2000). | 1 | 1 |
| Spann v. Whitworthgreen | 1 | 1 |
| Mize v. Stategreen | 1 | 1 |
| Diaz v. Stategreen | 1 | 1 |
| Ely v. Stategreen | 1 | 1 |
| Linares v. Stategreen | 1 | 1 |
| Monell v. New York City Dept. of Social Servs.green | 1 | 1 |
| Humphrey v. Stategreen | 1 | 1 |
| Durden v. Stategreen | 1 | 1 |
| Hickman v. Stategreen | 1 | 1 |
| Dupree v. Stategreen | 1 | 1 |
| Wilson v. Northside Plumbing Co.green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
City of Atlanta v. Wilson
green
2 sentences2026Wilson’s claim was not that the embankment itself should have been designed differently, or not constructed at all, but that the city was negligent in failing to “erect any railing or other means of protection along the embankment, for 31 the safety of vehicles.” Wilson, 59 Ga. at 544 . 2026Wilson’s claim was not that the embankment itself should have been designed differently, or not constructed at all, but that the city was negligent in failing to “erect any railing or other means of protection along the embankment, for 31 the safety of vehicles.” Wilson, 59 Ga. at 544 . | 2 | 2026–2026 |
Black v. State
neutral
1 sentence2019Cf. Mimms v. State, 254 Ga. App. 483, 485-86 (1) ( 562 SE2d 754 ) (2002) (trial court did not err in denying a motion for new trial without a hearing when the defendant’s attorney failed to show up to the scheduled hearing without a valid leave of absence in place), aff’d sub nom., Jones v. State, 276 10 Ga. 171 ( 575 SE2d 456 ) (2003); Page v. Ginn, 187 Ga. App. 143, 145 (1) ( 369 SE2d 517 ) (1988) (trial court was “justified in deciding the motion [for new trial] on the briefs originally submitted” where parties had abandoned their right to a hearing on the motion); Moody v. State, 14 Ga. Ap | 1 | 2019–2019 |
Jones v. State
green
1 sentence2019Cf. Mimms v. State, 254 Ga. App. 483, 485-86 (1) ( 562 SE2d 754 ) (2002) (trial court did not err in denying a motion for new trial without a hearing when the defendant’s attorney failed to show up to the scheduled hearing without a valid leave of absence in place), aff’d sub nom., Jones v. State, 276 10 Ga. 171 ( 575 SE2d 456 ) (2003); Page v. Ginn, 187 Ga. App. 143, 145 (1) ( 369 SE2d 517 ) (1988) (trial court was “justified in deciding the motion [for new trial] on the briefs originally submitted” where parties had abandoned their right to a hearing on the motion); Moody v. State, 14 Ga. Ap | 1 | 2019–2019 |
La Cosecha, Inc. v. Hall
green
2 sentences2019"In reviewing the grant or denial of a motion for summary judgment, we apply a de novo standard of review and consider the evidence with all reasonable inferences therefrom in favor of the party opposing summary judgment." (Citation omitted.) La Cosecha, Inc. v. Hall , 246 Ga. App. 441 , 442, 540 S.E.2d 659 (2000). 2019"In reviewing the grant or denial of a motion for summary judgment, we apply a de novo standard of review and consider the evidence with all reasonable inferences therefrom in favor of the party opposing summary judgment." (Citation omitted.) La Cosecha, Inc. v. Hall , 246 Ga. App. 441 , 442, 540 S.E.2d 659 (2000). | 1 | 2019–2019 |
Wilson v. State
green
1 sentence2018In so doing, we expressly pretermitted and did not decide "whether Wilson's motion was properly filed in the court in which he was convicted." Id. | 1 | 2018–2018 |
Plaza Properties, Ltd. v. Prime Business Investments, Inc.
green
1 sentence2018In so doing, we expressly pretermitted and did not decide “whether Wilson’s motion was properly filed in the court in which he was convicted.” Id. | 1 | 2018–2018 |
State v. Pickett
green
1 sentence2011Pretermitting whether a delay of eleven months and ten days is presumptively prejudicial, see Pickett, supra, we conclude that Wilson has not met his burden under the second stage of the Barker inquiry. | 1 | 2011–2011 |
Wilson v. State
green
1 sentence2004Id. at 439 . | 1 | 2004–2004 |
Casario v. State
neutral
2 sentences2000Pretermitting whether Wilson’s motion was properly filed in the court in which he was convicted, see Casario v. State, 169 Ga. App. 515 ( 313 SE2d 772 ) (1984), the court did not err in denying the motion. “[T]he provisions in OCGA §§ 17-10-9; 17-10-11 for crediting prison sentences with time spent in confinement applies only to persons who would not be confined but for the charges which give rise to the sentence for which credit is sought.” Spann v. Whitworth, 262 Ga. 21, 23-24 (2) ( 413 SE2d 713 ) (1992). 2000Pretermitting whether Wilson’s motion was properly filed in the court in which he was convicted, see Casario v. State, 169 Ga. App. 515 ( 313 SE2d 772 ) (1984), the court did not err in denying the motion. “[T]he provisions in OCGA §§ 17-10-9; 17-10-11 for crediting prison sentences with time spent in confinement applies only to persons who would not be confined but for the charges which give rise to the sentence for which credit is sought.” Spann v. Whitworth, 262 Ga. 21, 23-24 (2) ( 413 SE2d 713 ) (1992). | 1 | 2000–2000 |
| State v. Bymes green | 1 | 1994–1994 |
| Moore v. State green | 1 | 1993–1993 |
| Larkin v. State green | 1 | 1988–1988 |
| James v. State green | 1 | 1988–1988 |
| Terry v. Ohio green | 1 | 1986–1986 |
| Frankum v. State green | 1 | 1986–1986 |
| Anderson v. State green | 1 | 1986–1986 |
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.